National Union Ins. Co. v. Mills, 37603
| Decision Date | 15 May 1959 |
| Docket Number | No. 37603,No. 2,37603,2 |
| Citation | 109 S.E.2d 830,99 Ga.App. 697 |
| Parties | NATIONAL UNTION INSURANCE COMPANY v. Willie L. MILLS et al |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
An agreement between an employee, his employer and the insurance carrier, which is accepted and approved by the State Board of Workmen's Compensation, is, unless there is a change of condition, or fraud in the procurement thereof, conclusive and binding upon the parties.
On September 13, 1956, the claimant employee was injured. An agreement was entered into between such claimant, Willie L. Mills, employee R. C. Foster & Company, his employer, and Continental Casualty Company, as the insurance carrier. This agreement was dated October 9, 1956, was accepted and approved by the State Board of Workmen's Compensation on October 16, 1956, and payment was made to the employee for 74 weeks at the rate of $30 weekly, under this agreement. Thereafter, on May 30, 1958, in order 'to determine whether National Union Indemnity Company or Continental Casualty Company, or both are required to pay the compensation due herein,' another hearing was had and Director Buckner issued an award and order which in effect permitted the Continental Casualty Company to stop payment of compensation and ordered the National Insurance Company to pay compensation at $30 per week to said claimant, for a period of 74 weeks and thereafter ordered both insurers to pay compensation to the claimant at $15 per week each until 400 weeks compensation had been paid.
John M. Williams, Atlanta, for plaintiff in error.
Gambrell, Harlan, Russell, Moye & Richardson, James C. Hill, Edward W. Killorin, John L. Shelnutt, Atlanta, for defendants in error.
There was no contention regarding change in the condition of the employee. The question involved the respective liability of the two insurance carriers.
There is no provision relative to opening an award and granting a rehearing in such a situation, under Code, § 114-106 et seq. There is no doubt as to the liability of such insured employer to the claimant, but the question is only a matter of who pays the compensation.
When the agreement of the parties in September 1956 was accepted by the State Board of Workmen's Compensation and made the award and order of the board (there being no appeal therefrom), it became conclusive and had the status of a judgment, there being no change in the condition of the claimant and no fraud involved. See Rourke v. United States Fidelity & Guaranty Co., 187 Ga. 636, 1 S.E.2d 728. See also Code §§ 114-106 and 114-111 and Maryland Casualty Co. v. Stephens, 76 Ga.App. 723, 47 S.E.2d 108.
The approval by the State Board of Workmen's Compensation of an agreement between and parties for payment of compensation has the same effect as an award. See Libery Mutual Ins. Co. v. Morgan, 199 Ga. 179, 33 S.E.2d 336.
If the National Union Insurance Company is indebted to the Continental Casualty Company for any reason, such liability should be determined in a proper action and not by the State Board of Workmen's Compensation in the present proceeding.
It follows that the superior court erred in affirming the findings of fact and award of the full board. The agreement dated October 9, 1956, entered into in this case and the approval thereof constituted an award of the board dated October 16, 1956, and had the...
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