Strickland v. American Motorists Ins. Co.

• Court: Georgia Court of Appeals
• Writing for the Court: BANKE
• Citation: Strickland v. American Motorists Ins. Co., 256 S.E.2d 92, 149 Ga.App. 690 (Ga. App. 1979)
• Decision Date: 24 April 1979
• Docket Number: No. 57218,57218
• Parties: STRICKLAND v. AMERICAN MOTORISTS INSURANCE COMPANY et al.

Page 92

256 S.E.2d 92

149 Ga.App. 690

STRICKLAND v. AMERICAN MOTORISTS INSURANCE COMPANY et al.

No. 57218.

Court of Appeals of Georgia.

Argued Feb. 5, 1979.

Decided April 24, 1979.

Freeman & Hawkins, William Q. Bird, Atlanta, for appellant.

Swift, Currie, McGhee & Hiers, James B. Hiers, Jr., Atlanta, for appellees.

BANKE, Presiding Judge.

The employer-appellee in this worker's compensation case prevailed below on the basis of a finding that the employee's claim was barred by the 1-year statute of limitation set forth in Code Ann. § 114-305. On appeal to this court, the claimant has attached to her brief copies of certain documents allegedly filed with the Board of Workers' Compensation but omitted from the record transmitted to the superior court and, consequently, from the record transmitted to this court. These documents indicate that the original claim for compensation may have been filed earlier than the board's order indicates. The claimant contends that this earlier filing date was within the statute of limitation. The appellee disputes this contention. Held:

Exhibits contained in an appellate brief which do not appear in the record or transcript cannot be considered by this court and afford no basis for reversal. Jenkins v. Chambers, 127 Ga.App. 200, 204, 193 S.E.2d 222 (1972); Life Ins. Co. v. Thomas, 127 Ga.App. 682(1), 194 S.E.2d 625 (1972). No claim was made in the superior court that the record was deficient, and no request was made that it be corrected. Consequently, we cannot say that the...