U.S. Fidelity & Guaranty Co. v. Gentile, 50266
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | CLARK; Flexer; PANNELL, P.J., and QUILLIAN |
| Citation | 134 Ga.App. 318,214 S.E.2d 406 |
| Decision Date | 18 March 1975 |
| Docket Number | No. 50266,No. 2,50266,2 |
| Parties | UNITED STATES FIDELITY & GUARANTY COMPANY v. Nancy P. GENTILE |
Page 406
v.
Nancy P. GENTILE.
Page 407
[134 Ga.App. 321] Hopkins, Gresham & Whitley, H. Lowell Hopkins, Atlanta, for appellants.
Troutman, Sanders, Lockerman & Ashmore, William H. Schroder, Jr., Atlanta, for appellee.
Syllabus Opinion by the Court
[134 Ga.App. 318] CLARK, Judge.
In undertaking to decide this Workmen's Compensation appeal we find ourselves in the same position as the superior court judge, Hon. Winebert Dan Flexer, who remanded the matter to the State Board. He concluded his opinion thusly: 'This court finds that the Board's award in this case does not contain the findings of fact required by law, and that the court therefore is unable to intelligently review the remainder of the cause and those contentions therein that the Board applied an erroneous theory of law in making its award.' (R. 128).
Judge Flexer ruled on this case in such a manner that we deem it appropriate to adopt his opinion in toto. For typographical convenience and to facilitate reading thereof we do not use quotation marks but copy it as follows:
This appeal from the award of the State Workmen's Compensation Board in favor of the employer-insurer on de novo review, the Deputy Director having previously entered an award on behalf of the widow-claimant, came on for a hearing in this Court. Counsel for both parties appeared and orally argued the issues in the appeal. Widow-claimant's counsel contended that the Board had made no findings of fact in its award, as required by Code § 114-707, and that therefore widow-claimant could not intelligently prepare her appeal, being particularly confused as to whether or not the Board had decided the case on an erroneous legal theory, such as erroneously [134 Ga.App. 319] using the 'natural inference test' for the first time in a heart attack case against a claimant where the latter had competent medical testimony in her favor and such as erroneously applying the 'preponderance of the evidence' standard by counting the number of qualified expert medical witnesses appearing for each party. Employer-insurer's counsel contended that there did exist sufficient findings of fact in the award, those findings being to the effect that the preponderance
Page 408
of the evidence burden had not been carried and that there did not exist an accident which arose out of the deceased's employment. Counsel also contended that the award of the Board should be affirmed under the 'any evidence' rule.This case is, loosely termed, a heart attack case, and the factual...
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Georgia-Pacific Corp. v. Clark, GEORGIA-PACIFIC
...141 S.E.2d 179 (1965); Greyhound Van Lines v. Collins, 132 Ga.App. 806, 209 S.E.2d 250 (1974). United States F. & G. Co. v. Gentile, 134 Ga.App. 318, 320, 214 S.E.2d 406 (1975) is instructive when it states: "the findings of fact of the board must address themselves to the specific facts an......
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American Century Mortg. Investors v. Strickland, 51956
...true market value. The findings of fact, sufficiently addressed themselves to these same issues. United States F. & G. Co. v. Gentile, 134 Ga.App. 318, 320, 214 S.E.2d 406. Thus we are satisfied the trial court complied with the requirements of both Code Ann. § 67-1504 and Code [138 Ga.App.......
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General Motors Corp. v. Peeples, 52156
...the case must be remanded to the board. U.S. Fire Ins. Co. v. Phillips, 120 Ga.App. 51, 169 S.E.2d 665; U.S.F. & G. Co. v. Gentile, 134 Ga.App. 318, 214 S.E.2d 406. Here, as in Noles v. Aragon Mills, 110 Ga.App. 374, 375, 138 S.E.2d 598, 600, '(i)t is ordered that the case be recommitted to......
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Corder v. State, 50231
...S.E.2d 404 134 Ga.App. 316 J. L. CORDER v. The STATE. No. 50231. Court of Appeals of Georgia, Division No. 2. March 18, 1975. Page 405 [134 Ga.App. 318] Alvin L. Bridges, Jr., Decatur, for Richard Bell, Dist. Atty., Hardaway Young, III, Asst. Dist. Atty., Decatur, for appellee. Syllabus Opi......
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Georgia-Pacific Corp. v. Clark, GEORGIA-PACIFIC
...141 S.E.2d 179 (1965); Greyhound Van Lines v. Collins, 132 Ga.App. 806, 209 S.E.2d 250 (1974). United States F. & G. Co. v. Gentile, 134 Ga.App. 318, 320, 214 S.E.2d 406 (1975) is instructive when it states: "the findings of fact of the board must address themselves to the specific facts an......
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American Century Mortg. Investors v. Strickland, 51956
...true market value. The findings of fact, sufficiently addressed themselves to these same issues. United States F. & G. Co. v. Gentile, 134 Ga.App. 318, 320, 214 S.E.2d 406. Thus we are satisfied the trial court complied with the requirements of both Code Ann. § 67-1504 and Code [138 Ga.App.......
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General Motors Corp. v. Peeples, 52156
...the case must be remanded to the board. U.S. Fire Ins. Co. v. Phillips, 120 Ga.App. 51, 169 S.E.2d 665; U.S.F. & G. Co. v. Gentile, 134 Ga.App. 318, 214 S.E.2d 406. Here, as in Noles v. Aragon Mills, 110 Ga.App. 374, 375, 138 S.E.2d 598, 600, '(i)t is ordered that the case be recommitted to......
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Corder v. State, 50231
...S.E.2d 404 134 Ga.App. 316 J. L. CORDER v. The STATE. No. 50231. Court of Appeals of Georgia, Division No. 2. March 18, 1975. Page 405 [134 Ga.App. 318] Alvin L. Bridges, Jr., Decatur, for Richard Bell, Dist. Atty., Hardaway Young, III, Asst. Dist. Atty., Decatur, for appellee. Syllabus Opi......