Travelers Ins. Co. v. Buice
| Decision Date | 07 September 1971 |
| Docket Number | No. 46140,No. 1,46140,1 |
| Citation | 124 Ga.App. 626,185 S.E.2d 549 |
| Parties | TRAVELERS INSURANCE COMPANY et al. v. Irene BUICE |
| Court | Georgia Court of Appeals |
Neely, Freeman & Hawkins, Edgar A. Neely, Jr., Atlanta, for appellants.
Talmadge Woodman, Austell, for appellee.
Syllabus Opinion by the Court
In this workmen's compensation case the claimant was granted differential compensation for partial incapacity under Code Ann. § 114-405 in a prior proceeding. Thereafter the insurer-employer requested a hearing upon a change of condition. The deputy director who heard the case made findings of fact that a change of condition had been shown and made an award authorizing the cessation of further compensation to claimant for partial incapacity. On review by the full board, the deputy director's findings of fact and award were set aside. The board made findings of fact that the medical evidence showed there had been no appreciable change in the physical condition of the claimant; that in her impaired condition she had been unable to obtain suitable employment; and therefore her economic situation had not changed. The board authorized and directed the continuance of the payments of compensation in accordance with the earlier award. On appeal the superior court affirmed. Seventeen errors are enumerated which are repetitious and raise only two questions for decision.
1. The deputy director made a finding of fact that the claimant's credibility on the stand was questionable when she appeared before him at the hearing. It is now contended that the full board on review acted unlawfully because it based its decision only upon the 'cold record' of the prior hearing conducted by the deputy director and that in view of the finding of fact by the deputy director which is a finding that the claimant was not creditable, the full board erred by not hearing this witness personally. We do not agree. The board did not act in excess of its powers or proceed upon any erroneous legal theory by not personally hearing the claimant's testimony. On review from an award to the full board the entire case is a de novo proceeding and the board acting as a fact finding body may reverse the award of the deputy director either from the evidence taken by the deputy or from additional evidence taken by order of the full board. Etheridge v. Liberty Mut. Ins. Co., 86 Ga.App. 369(1), 71 S.E.2d 526. In acting upon the prior award,...
To continue reading
Request your trial
-
Carey v. Travelers Ins. Co.
...matters for determination by the board. Brown Transport Corp. v. Jenkins, 129 Ga.App. 457(1), 199 S.E.2d 910; Travelers Ins. Co. v. Buice, 124 Ga.App. 626, 185 S.E.2d 549; Roper v. General Motors Corp., 121 Ga.App. 163, 173 S.E.2d 240. Here, even though claimant testified that he told three......
-
U.S. Steel Corp. v. Industrial Commission
...court." U.S. Fidelity & Guaranty Co. v. Industrial Commission, 96 Colo. 571, 575, 45 P.2d 895. And in Travelers Insurance Co. v. Buice, 124 Ga.App. 626, 185 S.E.2d 549 (1971), the Georgia Court reviewed an order of the Workmen's Compensation Board, which had reversed its deputy's findings t......
-
Employers Fire Ins. Co. v. Walraven
...evidence, of the credibility of the witnesses, and as to what evidence it will credit as the basis for an award. Travelers Inc. Co. v. Buice, 124 Ga.App. 626, 185 S.E.2d 549; Ocean Accident &c. Corp. v. Lane, 64 Ga.App., 149, 12 S.E.2d 413. See particularly Bradberry v. Lumbermen's Mut., et......
-
Pollard v. Krispy Waffle No. 1, 8210IC881
...the Commission had the benefit of first-hand observation of the witness." Id. at 15-426.345, -.349. See, e.g., Travelers Ins. Co. v. Buice, 124 Ga.App. 626, 185 S.E.2d 549 (1971); Irving v. Industrial Comm'n., 59 Ill.2d 207, 319 N.E.2d 758 Our Supreme Court in Watkins v. City of Wilmington,......