Lumberman's Mut. Cas. Co v. Taylor, (No. 16434.)

• Decision Date: 14 July 1925
• Docket Number: (No. 16434.)
• Citation: 34 Ga.App. 182,129 S.E. 1
• Parties: LUMBERMAN'S MUT. CASUALTY CO. et al. v. TAYLOR.
• Court: Georgia Court of Appeals

34 Ga.App. 182

129 S.E. 1

LUMBERMAN'S MUT. CASUALTY CO. et al.

v.TAYLOR.

(No. 16434.)

Court of Appeals of Georgia, Division No. 1.

July 14, 1925.

(Syllabus by Editorial Staff.)

Error from Superior Court, Bulloch County; H. B. Strange, Judge.

Proceeding under the Workmen's Compensation Act (Acts 1920, p. 167), by Jim Taylor, for death of his son, opposed by the Lumberman's Mutual Casualty Company, insurer, and another. Award of compensation by the Industrial Commission was affirmed, and the insurer brings error. Affirmed with direction.

Underwood, Pomeroy & Haas and E. Smythe Gambrell, all of Atlanta, for plaintiff in error.

Deal & Renfroe, of Statesboro, for defendants in error.

Syllabus Opinion by the Court.

BROYLES, C. J. This is a workmen's compensation case. The commissioner trying the case adjudged that:

"The Lumberman's Mutual Casualty Company will pay Jim Taylor, father of deceased, $3.75 a week, beginning September 9, 1924, and continuing 300 weeks; also medical expenses and funeral expenses in a sum not exceeding $100."

This award was affirmed by the entire Industrial Commission of Georgia, and subsequently by the judge of the superior court of Bulloch county.

Held: It being shown by undisputed evidence that there were no medical expenses, and that the funeral expenses had been paid by the employer of the deceased, the award for such expenses was unauthorized. With this exception, the award of the commission was authorized by the evidence. The remaining assignments of error in the bill of exceptions are without substantial merit. It is directed that the judge of the superior court pass an order writing off from the judgment rendered the amount awarded for medical and funeral expenses.

Judgment affirmed, with direction.

LUKE and BLOODWORTH, JJ., concur.