Travelers Ins. Co. v. Wofford
| Decision Date | 14 April 1950 |
| Docket Number | No. 32838,No. 1,32838,1 |
| Parties | TRAVELERS INS. CO. et al. v. WOFFORD |
| Court | Georgia Court of Appeals |
Neely, Marshall & Greene, Atlanta, Harry L. Greene, Atlanta, for plaintiffs in error.
Geo. W. Westmoreland, Jefferson, for defendant in error.
Syllabus Opinion by the Court.
1. Findings of fact made by the Director of the State Board of Workmen's Compensation or by the full Board on appeal, are, within its power, and in the absence of fraud, conclusive, when supported by any competent evidence, and the Superior Court is without authority to set such findings aside, except upon a sufficient showing made on one of the grounds set forth in the Code, § 114-710. South v. Indemnity Ins. Co. of North America, 41 Ga.App. 827, 155 S.E. 48; Employers' Liability Assurance Corp. v. Woodward, 53 Ga.App. 778, 187 S.E. 142; Merry Bros. Brick & Title Co. v. Holmes, 57 Ga.App. 281, 195 S.E. 223; Peninsular Life Ins. Co. v. Brand, 57 Ga.App. 526, 196 S.E. 264; American Mut. Liability Ins. Co. v. Bond, 62 Ga.App. 562, 8 S.E.2d 715; American Mut. Liability Ins. Co. v. Harden, 64 Ga.App. 593, 13 S.E.2d 685.
(a) The power of the Superior Court to set aside an award of the State Board of Workmen's Compensation is not analogous to the power of the court to agrant new trials, and an order of the court setting aside such an award should not be affirmed on the theory that it is the first grant of a new trial where the finding of the Board was not demanded as a matter of law. Maryland Casualty Co. v. England, 160 Ga. 810, 812, 129 S.E. 75.
2. An order of the judge of the superior court setting aside an award of the full Board on the ground that the Board 'acted without and in excess of their powers' in that the Board did not consider, in rendering the award, a certain letter relating to the nature and extent of the claimant's injuries, and written to the Board by a doctor who had examined the claimant, was not a legal order and was not supported by the record, where a copy of the letter was contained in the record and where the record shows that the letter was written on April 7, 1949, and that the final award by the full Board on appeal was rendered on May 18, 1949, after a hearing had on May 9, 1949, and 'after an exhaustive and painstaking review of the entire record.' Maryland Casualty Co. v. England, supra.
3. Furthermore, newly discovered evidence is not a ground for setting aside an award, Liberty...
To continue reading
Request your trial
-
Turner v. Baggett Transp. Co.
...for further findings or award. Whitfield v. American Mut. Liability Ins. Co., 44 Ga.App. 478, 162 S.E. 297; Travelers Ins. Co. v. Wofford, 81 Ga.App. 421(1), 58 S.E.2d 853; Womack v. United States F. & G. Co., 85 Ga.App. 564(2b), 69 S.E.2d 812; Butler v. Fidelity & Cas. Co. of N.Y., 88 Ga.A......
-
Butler v. Fidelity & Cas. Co. of New York
...Ins. Co., 44 Ga.App. 478, 162 S.E. 297; White Provision Co. v. Culbreath, 58 Ga.App. 628(3), 199 S.E. 318; Travelers Ins. Co. v. Wofford, 81 Ga.App. 421(3), 58 S.E.2d 853; Womack v. United States Fidelity, etc., Co., 85 Ga.App. 564(2-b), 69 S.E.2d Judgment reversed. FELTON and WORRILL, JJ.,......
-
Blair v. U.S. Fidelity & Guaranty Co.
...matter for further findings or award. Whitfield v. American Mut. Liab. Ins. Co., 44 Ga.App. 478, 162 S.E. 297; Travelers Ins. Co. v. Wofford, 81 Ga.App. 421(1), 58 S.E.2d 853; Womack v. U.S. Fidelity &c Co., 85 Ga.App. 564(2b), 69 S.E.2d 812; Butler v. Fidelity & Cas. Co., 88 Ga.App. 620(2)......
- Pan-American Wall Paper & Paint Co. v. Tudor, PAN-AMERICAN