Cardin v. RIEGEL TEXTILE CORPORATION

CARDIN v. RIEGEL TEXTILE CORPORATION Et Al.

Cardin v. Riegel Textile Corp., 135 S.E.2d 284 (Ga. 1964)

Court: Supreme Court of Georgia · State Highest Courts
Decided: February 6, 1964
Docket: No. 22301
Judges: Head
Citations: 135 S.E.2d 284219 Ga. 6951964 Ga. LEXIS 376

Cited by 7 1 descriptions by later courts

Opinion — Head

Head, Presiding Justice.

Attached to the petition as Exhibit “A” is a copy of the stipulation of the parties dated July 8, 1960, and the award thereon by the State Board of Workmen’s Compensation on July 13, 1960. The stipulation recites that the employee sustained an injury arising out of his employment on or about November 12, 1959; that pursuant to an award by the board the employee has been paid $30 per week commencing December 25, 1959; that the employee experienced a change of condition on July 7, 1960; that he is entitled to $9.49 per week for the remaining 316 weeks for *697 permanent partial incapacity for work; and that he has agreed to accept the sum of $3,000 in full and final settlement of all compensation benefits. The agreement of the parties was made the award of the board on July 13, 1960.

When the Board of Workmen’s Compensation makes an award based upon an approved agreement of the parties, the only provision of law for further review is upon a change in condition, as provided by Code Ann.

§ 114-709.

Lumbermen’s Mut. Cas. Co. v. Cook, 195 Ga. 397 ( 24 SE2d 309 ). It was ruled on the former appearance of the present case (Cardin v. Riegel Textile Corp., 217 Ga. 797, 799 , supra) that: “It is a well established rule that an agreement between an injured employee and his employer, providing for compensation under the act, is, in the absence of fraud, accident, or mistake, binding on the parties.” The petition in the present case charges neither fraud, accident, nor mistake, and the assertion that the award approved July 13, 1960, was not made within the terms of the act is not shown by any properly pleaded allegations. See South v. Indemnity Ins. Co. of North America, 39 Ga. App. 47 ( 146 SE 45 ).

The State Board of Workmen’s Compensation is not a natural person, partnership, or corporation, but an agency of the State.

Code § 79-101; Ga. L. 1943, pp. 167, 168 (Code Ann.

§ 54-108). The State has not consented for this agency of the State to be sued and the petition in the present case is in effect a suit against the State. A suit can not be maintained against the State without its consent. See Cannon v. Montgomery, 184 Ga. 588 ( 192 SE 206 );

State Board of Educ. v. Board of Public Educ. &c., 186 Ga. 783 ( 199 SE 641 );

Roberts v. Barwick, 187 Ga. 691 ( 1 SE2d 713 );

Florida State Hospital for the Insane v. Durham Iron Works, 194 Ga. 350 ( 21 SE2d 216 );

Musgrove v. Georgia R. & Bkg. Co., 204 Ga. 139 ( 49 SE2d 26 );

Linder v. Ponder, 209 Ga. 746 ( 75 SE2d 814 ). The Commissioner of Labor serves solely in an advisory capacity to the State Board of Workmen’s Compensation and has no authority over the board or its acts. Ga. L. 1950, p. 9 (Code Ann.

§ 54-121). The trial court did not err in dismissing the petition.

Judgment affirmed.

All the Justices concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(suit against State Board of Workmen’s Compensation)

Lathrop v. Deal, 801 S.E.2d 867 (Ga. 2017)

Cited by 7 cases

View all citing references →

Relies on it most ⓘ

Lathrop v. Deal801 S.E.2d 867 (Ga. 2017)
Crowder v. Department of State Parks185 S.E.2d 908 (Ga. 1971)
Azizi v. Board of Regents of the University System208 S.E.2d 153 (Ga. Ct. App. 1974)
Clark v. GEORGIA KRAFT COMPANY345 S.E.2d 61 (Ga. Ct. App. 1986)
COGGINS GRANITE INDUSTRIES, INC. v. Jones201 S.E.2d 646 (Ga. Ct. App. 1973)
Sessoms Co. v. Colburn167 S.E.2d 643 (Ga. 1969)

Most recent

Lathrop v. Deal801 S.E.2d 867 (Ga. 2017)
Clark v. GEORGIA KRAFT COMPANY345 S.E.2d 61 (Ga. Ct. App. 1986)
Azizi v. Board of Regents of the University System208 S.E.2d 153 (Ga. Ct. App. 1974)
Morrison Assurance Co. v. Hodges203 S.E.2d 629 (Ga. Ct. App. 1973)
COGGINS GRANITE INDUSTRIES, INC. v. Jones201 S.E.2d 646 (Ga. Ct. App. 1973)
Crowder v. Department of State Parks185 S.E.2d 908 (Ga. 1971)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 9

Depth	Case	Cited by
	Roberts v. Barwick, 1 S.E.2d 713 (Ga. 1939)	58
	Lumbermen's Mut. Cas. Co. v. Cook, 24 S.E.2d 309 (Ga. 1943)	39
	Cannon v. Montgomery, 192 S.E. 206 (Ga. 1937)	38
	South v. Indem. Ins. Co. of North Am., 146 S.E. 45 (Ga. Ct. App. 1928)	37
	Fla. State Hosp. for the Insane v. Durham Iron Co., 21 S.E.2d 216 (Ga. 1942)	33
	Musgrove v. Ga. R.R. Bkg. Co., 49 S.E.2d 26 (Ga. 1948)	18
	Linder v. Ponder, 75 S.E.2d 814 (Ga. 1953)	10
	State Bd. of Educ. v. Bd. of Pub. Educ., 199 S.E. 641 (Ga. 1938)	6
	Cardin v. Riegel Textile Corp., 125 S.E.2d 62 (Ga. 1962)	8

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list