South v. Indem. Ins. Co. Of North Am., (No. 18905.)
| Decision Date | 13 December 1928 |
| Docket Number | (No. 18905.) |
| Citation | 39 Ga.App. 47,146 S.E. 45 |
| Parties | SOUTH v. INDEMNITY INS. CO. OF NORTH AMERICA et al. |
| Court | Georgia Court of Appeals |
(Syllabus by Editorial Staff.)
Error from Superior Court, Fulton County; E. E. Pomeroy, Judge.
Proceeding under the Workmen's Compensation Act by A. South, employee, opposed by Yancey Bros., employer, and the Indemnity Insurance Company of North America, insurer. Award of the Industrial Commission discontinuing payments to claimant was affirmed by the superior court, and the employee brings error. Reversed.
Statement of facts by JENKINS, P. J.: A. South, an employee of Yancey Bros., suffered an injury to his hand, and applied for compensation. The Industrial Commission found that he had suffered a total loss of the use of his hand, and awarded him compensation at the rate of one-half of his weekly wages for 10 weeks for total incapacity for work, and for a period of 150 additional weeks on account of the permanent partial industrial handicap. After payments had been made to the claimant for 91 weeks, the employer and the insurance carrier applied for a review of the original award, basing their application upon an alleged change in the physical condition of the claimant. The original award was reviewed, and the commission found that there had been a change in the condition of the claimant since the original award was entered, and that, at the time of the review, the claimant was suffering from a loss of 50 per cent. of the use of his hand. The commission further found, that he had been paid for 91 weeks at the rate of one-half his weekly wages, and that the payments made more than covered what he was entitled to: that the claimant shouldhave been awarded compensation at the rate of one-half his weekly wages for a period of 80 weeks, that is, for one-half of 10 weeks "healing time, " and one-half of 150 weeks for the permanent loss of the use of his hand. Upon this finding of fact, the commission ordered further payments to the claimant discontinued. The claimant appealed to the superior court, where the award of the commission was affirmed, and the claimant excepted.
J. I. Hynds, of Atlanta, for plaintiff in error.
Sidney Smith and James N. Frazer, both of Atlanta, for defendants in error.
Syllabus Opinion by the Court.
JENKINS, P. J. [1] 1. Under the provisions of section 32 of the Workmen's Compensation Act, as amended by the act of 1923 (Ga. L. 1923, p. 92), an employee who suffers a permanent and total loss of the use of a hand, by reason of an accident arising out of and in the course of employment, may be allowed compensation at the rate of one-half his weekly wages, for a period of not more than 10 weeks, for total incapacity for work, and is entitled to receive one-half of his weekly wages for an additional period of 150 weeks as compensation for the permanent handicap.
2. Under the provisions of section 32 of the Workmen's Compensation Act, as amended by the act of 1923, an employee who suffers a permanent but partial loss of the use of a hand may be allowed compensation at the rate of one-half his weekly wages for a period of not more than 10 weeks, for total incapacity for work, and is entitled to receive, for an additional period of 150 weeks, weekly payments in such proportion of...
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