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

COLBERT v. AMERICAN FIRE CASUALTY COMPANY et al.

HALL, Presiding Judge.

Claimant appeals from the judgment of the superior court affirming an award of the State Board of Workmen's Compensation on the sole ground that the award of the full board was null and void because it adopted the factual findings and award of the deputy director. This, he contends, is an unauthorized appellate-type review rather than the de novo proceeding to which he is entitled under Code Ann. § 114-708.

The contention is without merit. The award of the full board specifically stated that it had reviewed the entire record and made the same findings as had the deputy director. Therefore the award cannot be attacked as having made no independent findings of fact. Gatrell v. Employers Mut. Liab. Ins. Co., 226 Ga. 688 ( 177 S.E.2d 77); American Cas. Co. v. Wilson, 99 Ga. App. 219 ( 108 S.E.2d 137).

Further, the board is to be commended for being succinct. A full-blown recital of identical findings would have added nothing except more paper to a governmental structure already groaning under its weight.

Judgment affirmed. Bell, C. J., and Eberhardt, J., concur. Whitman not participating because of illness.

SUBMITTED JUNE 30, 1971 — DECIDED OCTOBER 27, 1971 — REHEARING DENIED NOVEMBER 9, 1971.
Use AI to get other relevant cases.

Comments

COLBERT v. AMERICAN FIRE CASUALTY COMPANY
(Oct 27, 1971)