Lumbermen's Mut. Cas. Co v. Lattimore
| Decision Date | 13 January 1928 |
| Docket Number | (No. 5478.) |
| Citation | 165 Ga. 501,141 S.E. 195 |
| Parties | LUMBERMEN'S MUT. CASUALTY CO. et al. v. LATTIMORE. |
| Court | Georgia Supreme Court |
[Ed. Note.—For other definitions, see Words and Phrases, First and Second Series, Final.]
Certiorari from Court of Appeals.
Proceedings under the Workmen's Compensation Act by M. H. Lattimore, claimant, opposed by the Lumbermen's Mutual Casualty Company and others. Judgment by Court of Appeals for claimant, and defendants bring certiorari. Reversed.
Wilson, Bennett & Pedrick, of Waycross, for plaintiffs in error.
E. W. Edwards and Taylor & Spurlin, all of Valdosta, for defendant in error.
Syllabus Opinion by the Court.
HILL, J. 1. Where, on March 29, 1924, the mother of a deceased employee, seeking compensation upon the ground that she was dependent upon her son for support, entered with his employer into a compromise agreement and settlement of her claim, the memorandum of agreement providing that it was submitted to the Industrial Commission of Georgia, and, if approved by the commission, should be binding upon all parties thereto, and not otherwise, and where on April 28, 1924, the commission notified the insurance carrier that they had examined the memorandum of agreement, and had fixed the weekly compensation to be paid the mother at $4.86 a week for 300 weeks, and notified the insurance carrier that "if any party in interest doubts that the agreement made has been made strictly according to law, he may address the commission with an inquiry or complaint, it will receive prompt attention, " and where, on April 30, 1924, the insurer of the employer acknowledged receipt of such notice, and stated that the award was made on the basis of total dependency, whereas, if the commission would refer to the said death benefit agreement, it would appear that the deceased contributed an average of $7 per month to the support of his mother, and where the insurance carrier "suggested" that the commission review this agreement, inasmuch as it was apparent that the commission had overlooked this statement in the death benefit claim and agreement, and where, upon receipt of such notice from the insurance carrier, the commission reviewed the matter, and made an award finally approving the agreement in accordance with its terms, held, that the award submitted by the commission to the dependent and the insurance carrier was not such a final award as to deprive the commission of jurisdiction...
To continue reading
Request your trial
-
Georgia Marine Salvage Co. v. Merritt
...agreement. In view of Reese v. American Mutual Liability Insurance Co., 67 G.App. 420(1), 20 S.E.2d 773; Lumbermen's Mutual Casualty Co. et al. v. Lattimore, 165 Ga. 501, 141 S.E. 195; Maryland Casualty Co. v. Morris, 68 Ga.App. 239, 22 S.E.2d 627; and Liberty Mutual Insurance Co. v. Morgan......
-
Walker v. Continental Ins. Co.
...207 S.E.2d 218 (1974). See also Liberty Mut. Ins. Co. v. Morgan, 199 Ga. 179, 182, 33 S.E.2d 336 (1945); Lumbermen's Mut. Cas. Co. v. Lattimore, 165 Ga. 501, 141 S.E. 195 (1928); Kay v. Maryland Cas. Co., 135 Ga.App. 108(2), 217 S.E.2d 413 We recognize that the State Board of Workmen's Comp......
-
Handley v. Travelers Ins. Co.
...availed itself of the invitation to be heard, the Board had jurisdiction to review and revise its award. Lumbermen's Mutual Casualty Co. v. Lattimore, 165 Ga. 501, 141 S.E. 195. See also Liberty Mutual Insurance Co. v. Morgan, 199 Ga. 179, 182, 33 S.E.2d 2. The long awaited medical report w......
-
St. Paul Fire & Marine Ins. Co. v. White
...by the commission in such award, and as to the continuance thereof until superseded by a new award.' It appears that under the Lumbermen's Mut. Cas. Co. case an award of the Workmen's Compensation Board is also conclusive on the parties, until modified, whether it is based on an agreement o......