Lattimore v. Lumbermen's Mut. Cas. Co.

• Docket Number: 17103.
• Decision Date: 14 April 1926
• Parties: LATTIMORE v. LUMBERMEN'S MUT. CASUALTY CO. et al.
• Court: Georgia Court of Appeals

133 S.E. 291

35 Ga.App. 250

LATTIMORE v. LUMBERMEN'S MUT. CASUALTY CO. et al.

No. 17103.

Court of Appeals of Georgia, First Division

April 14, 1926

Rehearing Denied May 12, 1926.

Syllabus by Editorial Staff.

In view of Workmen's Compensation Act, §§ 45, 55, 56, where employer and claimant agree as to compensation, and memorandum thereof is filed and approved by Industrial Commission, which makes award, and notice thereof is given to interested parties, award is final, and cannot be set aside unless parties disagree as to continuance of weekly payments.

Decree of the Industrial Commission, entering and approving award on agreement of the employer and compensation claimant held final, in view of Workmen's Compensation Act, §§ 45, 55, 56, and decree ordering hearing on question of dependency was void.

Error from Superior Court, Ware County; Harry D. Reed, Judge.

Proceeding under the Workmen's Compensation Act by M. H. Lattimore claimant, opposed by the Lumbermen's Mutual Casualty Company, the insurer, and others. Compensation was awarded on a memorandum of agreement by the employer and claimant. On a hearing on the question of dependency, the award was reduced. The superior court affirmed the award as reduced, and claimant brings error. Reversed.

E. W. Edwards and Taylor & Spurlin, all of Valdosta, for plaintiff in error.

Wilson, Bennett & Pedrick, of Waycross, for defendants in error.

Syllabus OPINION.

BROYLES C.J.

The Workmen's Compensation Act (Ga. L. 1920, p. 167, by section 45, provides that:

"Upon its own motion before judicial determination or upon the application of any party in interest on the ground of a change in condition [italics ours], the Industrial Commission may at any time review any award or any settlement made between the parties and filed with the commission, and, on such review, may make an award ending, diminishing or increasing the compensation previously awarded or agreed upon, subject to the maximum or minimum provided in this act, and shall immediately send to the parties a copy of the award. No such review shall effect such award as regards any moneys paid."

This section of the act provides for cases in which, after an award has been made, conditions have changed for some reason that makes a readjustment of the award necessary. Gravitt v. Georgia Casualty Co., 158 Ga. 613, 614, par. 1, 123 S.E. 897.

2. Where the employer and the claimant reach an agreement in regard to compensation, and a memorandum of the agreement is filed with, and approved by, the Industrial Commission, and thereupon the commission makes an award to the claimant, and notice of the award is given to the interested parties, the award is final, and cannot be set aside, diminished, or increased, unless the parties disagree as to the continuance of any weekly payment under the agreement. Ga. L. 1920, p. 167, §§ 55, 56.

3. In the instant case an agreement was entered into between the claimant and the employer as to the payment of compensation and death benefits. The agreement set forth the facts as to the employment of the deceased, his earnings,...