South v. Indemnity Insurance Co. of North America

SOUTH v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA

South v. Indem. Ins. Co. of North Am., 155 S.E. 48 (Ga. Ct. App. 1930)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: July 15, 1930
Docket: No. 20318
Judges: Bloodworth
Citations: 155 S.E. 4841 Ga. App. 8271930 Ga. App. LEXIS 1109

Cited by 9

Opinion of the Court — Bloodworth

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Bloodworth, J.

A. South, employee, filed a claim against Yancey Brothers, employer, and the Indemnity Insurance Company of North America, insurance carrier, for compensation. This is the second appearance of the case in this court, and a change in a former award is being asked by the claimant, on account of a change in his condition. After hearing the testimony Commissioner Whitaker, who heard the case, wrote: “The medical testimony submitted by him [claimant] indicates that he has more than a fifty per cent, permanent disability. The medical testimony submitted by the employer and insurance carrier and that of a disinterested physician, Dr. C. W. Boberts, who had previously examined the claimant,.is to the effect that there had been no change in his physical condition since their last examination.” Having determined, from the evidence, that there had been no change in the condition of the claimant, the sole commissioner denied additional compensation. The claimant then appealed to the full commission, which, after considering the case, affirmed the award of the sole commissioner and also denied additional compensation. Claimant then appealed to the superior court of Fulton county, and that court affirmed the award of the full commission. “ On an appeal to the superior court from an award made by the industrial commission the judge of the superior court has no discretion to set aside the award, but where the award is sustained by some legally competent evidence, it is his duty, unless some error of law appears, to affirm the award.” Blanchard v. Savannah River Lumber Co., 40 Ga. App. 416 (2) ( 149 S. E. 793 ). There is “some legally competent evidence” in this case to sustain the award.

Judgment affirmed.

Broyles, C. J., and Lulte, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

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State Appellate Courts9

Relies on it most ⓘ

Adams v. U. S.. Fidelity & Guaranty Co.186 S.E.2d 784 (Ga. Ct. App. 1971)
Malcom v. Sudderth106 S.E.2d 367 (Ga. Ct. App. 1958)
Georgia Power & Light Co. v. Patterson166 S.E. 255 (Ga. Ct. App. 1932)
Ingram v. Liberty Mutual Insurance10 S.E.2d 99 (Ga. Ct. App. 1940)
Travelers Insurance v. Wofford58 S.E.2d 853 (Ga. Ct. App. 1950)
Dorminy v. American Mutual Liability Insurance6 S.E.2d 67 (Ga. Ct. App. 1939)

Most recent

Adams v. U. S.. Fidelity & Guaranty Co.186 S.E.2d 784 (Ga. Ct. App. 1971)
Malcom v. Sudderth106 S.E.2d 367 (Ga. Ct. App. 1958)
LaBranche v. American Automobile Insurance78 S.E.2d 621 (Ga. Ct. App. 1953)
Travelers Insurance v. Wofford58 S.E.2d 853 (Ga. Ct. App. 1950)
United States Fidelity & Guaranty Co. v. Fried12 S.E.2d 406 (Ga. Ct. App. 1940)
Ingram v. Liberty Mutual Insurance10 S.E.2d 99 (Ga. Ct. App. 1940)

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 1

Depth	Case	Cited by
	Blanchard v. Savannah River Lumber Co., 149 S.E. 793 (Ga. Ct. App. 1929)	12

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