Howell v. Federated Mut. Implement & Hardware Ins. Co.
| Decision Date | 06 September 1966 |
| Docket Number | No. 2,No. 42155,42155,2 |
| Citation | 151 S.E.2d 195,114 Ga.App. 321 |
| Court | Georgia Court of Appeals |
| Parties | Joseph L. HOWELL v. FEDERATED MUTUAL IMPLEMENT & HARDWARE INSURANCE COMPANY et al |
P. Walter Jones, Charles W. Hill, Albany, for appellant.
Charles L. Drew, Atlanta, B. C. Gardner, Jr., Albany, Williston White, Atlanta, for appellees.
Syllabus Opinion by the Court
1. Although depositions taken by one of the parties to a workmen's compensation case are a part of the file sent to this court, where they were not introduced in evidence they will not be considered. Smith v. Continental Casualty Co., 102 Ga.App. 559(2), 116 S.E.2d 888. The judge of the superior court did not err in sustaining a motion to expunge from the record sent up to that court by the Board of Workmen's Compensation a deposition of the claimant taken prior to trial by the employer and insurance carrier for purposes of discovery, a deposition of a hospital employee identifying certain hospital records, and the accompanying records, where none of these were introduced in evidence at the hearing. However, this court looks to the findings of fact (in this case, the findings made by the full board which reversed the initial award of a deputy director denying compensation) to see whether they are supported by sufficient competent evidence to sustain the award. Overton-Green Drive-It-Yourself System, Inc. v. Cook, 65 Ga.App. 274, 16 S.E.2d 50. The facts as found by the full board do not depend upon the material expunged by the judge and therefore are immaterial to a decision in the case.
2. The amendment to Code § 114-102 (Ga.L.1963, pp. 141, 142) providing that the word 'injury' in workmen's compensation cases shall not include coronary thrombosis 'unless it is shown by a preponderance of competent and creditable evidence that it was attributable to the performance of the usual work of employment' made no change in the prior law which requires and accidental injuries to be so proved. Burson v. Howell, 112 Ga.App. 675, 145 S.E.2d 718. Evidence of exertion by the employee in the course of his employment plus medical opinion evidence that the quantum of exertion shown could have caused a coronary occlusion presents an issue for the trior of fact. Aetna Casualty & Surety Co. v. Pulliam, 99 Ga.App. 406(2), 108 S.E.2d 823.
3. The employee, having mounted up on the back of a truck, was about to repair the motor of a loading crane,...
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