Malone v. Fireman's Fund Ins. Co.

• Decision Date: 21 September 1978
• Docket Number: No. 56509,56509
• Citation: 248 S.E.2d 544,147 Ga.App. 264
• Parties: MALONE v. FIREMAN'S FUND INSURANCE COMPANY et al.
• Court: Georgia Court of Appeals

Page 544

248 S.E.2d 544

147 Ga.App. 264

MALONE v. FIREMAN'S FUND INSURANCE COMPANY et al.

No. 56509.

Court of Appeals of Georgia.

Submitted Sept. 6, 1978.

Decided Sept. 21, 1978.

Jack V. Dorsey, Tucker, for appellant.

Stone, Pennington & Goetz, Charles M. Goetz, Jr., Atlanta, for appellees.

QUILLIAN, Presiding Judge.

This is an appeal from a judgment of the superior court which affirmed an award of the State Board of Workers' Compensation (changed from State Board of Workmen's Compensation, Ga.L.1978, pp. 2220, 2221, effective July 1, 1978) which held that the claimant had not had a change in condition. Held :

1. The award of the board was as follows: "Statement. This claim came before the Board on September 13, 1977, by application of the claimant to review the award of Judge Le Bey, dated August 1, 1977. The Board takes notice of a Form 19 in the record, approved by the Board on March 22, 1977, which indicates the claimant was able to return to work on February 20, 1977. Findings of Fact. Based upon a de novo consideration of all the evidence, the Board makes the following findings: a. Claimant's condition has not changed for the worse since February 20, 1977. b. Claimant has not tried to find employment since February 20, 1977. Conclusions of Law. The claimant has not undergone a change in condition from no incapacity to work since February 20, 1977. Award. The claimant's application for a change in condition is hereby denied."

In Fireman's Fund American Ins. Co. v. Hester, 115 Ga.App. 39, 153 S.E.2d 622, 626, it was held: "The Georgia Workmen's Compensation Act (Code § 114-707) requires that an award of the Board of Workmen's Compensation shall be accompanied by a statement of findings of fact upon which it is made in order that the losing party may intelligently prepare his appeal and that the cause may thereupon be intelligently reviewed. To fulfill this requirement, the findings of fact must consist of a concise but comprehensive statement of the cause and circumstances of the accident as found to be true by the Board of Workmen's Compensation and similar findings of fact upon any material issue in the case."

It is the duty of the board to make findings of specific facts on the material issues in the case. The above quoted award does not meet this test. The award does not show upon what evidence the finding was predicated that the claimant's condition had not changed from the worse since February 20, 1977.

The judgment of the superior court is reversed with direction that the case be remanded to the State Board of Workers' Compensation with...