Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY et al. v. JOSEY.

MARSHALL, Judge.

The State Board of Workmen's Compensation, in its award of compensation, made findings of fact inter alia that the "no-show," or failure to report to work, which was the alleged basis for the claimant's discharge was the result of oversleeping after the claimant had taken pain pills and muscle relaxants on the previous night, which were prescribed to relieve discomfort which resulted from the injury of September 4, 1974.

Although there was some evidence from which the board might have found that the discomfort resulted from prior injuries in 1973, the board's findings were authorized by the testimony of the claimant and the evidence concerning the pain and the medication prescribed subsequent to and soon after the 1974 injury. See Reliance Ins. Co. v. Cushing, 132 Ga. App. 179 ( 207 S.E.2d 664) (1974) and cits.

The findings of fact of the board, being supported by some evidence, are conclusive and binding on the superior court and this court, neither of which has any authority to substitute itself as a fact finding body in lieu of the board. See generally the nine controlling principles as set forth in Howard Sheppard, Inc. v. McGowan, 137 Ga. App. 408, 410 ( 224 S.E.2d 65) (1976) and cits.

The superior court did not err in affirming the award of the full board.

Judgment affirmed. Deen, P. J., and Webb, J., concur.

ARGUED MAY 5, 1977 — DECIDED JULY 1, 1977 — REHEARING DENIED JULY 15, 1977.
Use AI to get other relevant cases.

Comments

EMPLOYERS MUTUAL LIABILITY INSURANCE CO. v. JOSEY
(Jul 1, 1977)