Robinson v. Zurich Ins. Co.
| Decision Date | 23 April 1974 |
| Docket Number | No. 1,No. 48874,48874,1 |
| Citation | 131 Ga.App. 795,207 S.E.2d 209 |
| Parties | Robert L. ROBINSON v. ZURICH INSURANCE COMPANY et al |
| Court | Georgia Court of Appeals |
Robert T. Efurd, Jr., W. C. Dominy, Atlanta, for appellant.
Smith, Cohen, Ringel, Kohler, Martin & Lowe, Robert L. Kiser, Williston C. White, Atlanta, for appellees.
Syllabus Opinion by the Court
This is the third appeal of this case. See Zurich Insurance Co. v. Robinson, 123 Ga.App. 582, 181 S.E.2d 923 and Zurich Insurance Co. v. Robinson, 127 Ga.App. 113, 192 S.E.2d 533. The records of all show that claimant was awarded compensation for 15% loss of use of his right leg via a supplemental agreement approved by the board. In its last appearance we upheld the board's award that a change of condition over the supplemental agreement of February 1969 had not been shown. Thereafter, claimant filed a letter with the board in which he claimed that at the time of the execution of the 15% supplemental agreement there was also executed another supplemental agreement for a 40% member disability; both were filed with the board but only the agreement providing for the lesser compensation was approved; that the 15% agreement was a mistake and procured by fraud and that claimant 'elects to be paid' under the 40% agreement. The deputy director and the full board on review made an award to the effect that the approved 15% supplemental agreement was in full force and effect. The superior court affirmed on appeal. Held:
The Board of Workmen's Compensation is an administrative body and it possesses only the jurisdiction, power, and authority granted to it by the legislature. Simpson v. Liberty Mut. Ins. Co., 99 Ga.App. 629, 633, 109 S.E.2d 876; St. Paul Fire &c. Ins. Co. v. Bridges, 106 Ga.App. 621, 127 S.E.2d 699. Where the parties' agreement has been approved by the board, the board is without authority to vacate, set aside, or modify, a prior final award in the absence of a change of condition. St. Paul Fire &c. Ins. Co. v. Bridges, supra. Under the authorities cited, the Workmen's Compensation Board is not empowered to grant the relief that claimant has requested.
Judgment affirmed.
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...body and it possesses only the jurisdiction, power, and authority granted to it by the legislature." Robinson v. Zurich Ins. Co., 131 Ga.App. 795, 796, 207 S.E.2d 209 (1974). Only within the time period for appealing an award to the full board may the board or its members "reconsider, amend......
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...and that it possesses only the jurisdiction, power, and authority granted to it by the General Assembly. Robinson v. Zurich Ins. Co., 131 Ga.App. 795, 796, 207 S.E.2d 209 (1974). Nevertheless, we are satisfied that, within the purview of the 1975 amendment to Code § 114-708 (Ga.L.1963, pp. ......
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...Aldrich as an employee and his employer/insurer to resolve Aldrich's workers' compensation claims. Compare Robinson v. Zurich Ins. Co., 131 Ga.App. 795, 796, 207 S.E.2d 209 (1974) (absent a change of condition, where parties' agreement approved by the State Board, the State Board cannot lat......