Opinion
42204.
ARGUED SEPTEMBER 6, 1966.
DECIDED JANUARY 17, 1967. REHEARING DENIED JANUARY 31, 1967.
Workmen's compensation. Cobb Superior Court. Before Judge Ingram.
George George, William v. George, for appellant.
Powell, Goldstein, Frazer Murphy, Frank Love, Jr., Warner R. Wilson, Jr., for appellees.
Claimant in this case sought workmen's compensation for disablement resulting from an occupational disease. On the hearing before the State Board of Workmen's Compensation, the evidence as to medical questions was not in conflict. The board rendered an award for claimant without referring the case to the Medical Board as provided by Code Ann. § 114-819. The only question argued on this appeal is whether the State Board of Workmen's Compensation had jurisdiction to make an award without referring the case to the Medical Board. Held:
This court has held that the legislature has not provided that all claims for compensation for an occupational disease be referred to the Medical Board; that Code Ann. § 114-819 requires that occupational disease cases be referred to the Medical Board only where medical questions are "in controversy"; and that there are no medical questions "in controversy" where there is no conflict in the evidence as to medical questions. American Mut. Liab. Ins. Co. v. Duncan, 83 Ga. App. 863, 865 ( 65 S.E.2d 59). Thus the State Board of Workmen's Compensation had jurisdiction to make an award without committing this case to the Medical Board. The cases of Griffith v. Employers Mut. Liab. Ins. Co., 100 Ga. App. 157 ( 110 S.E.2d 539); Farrill v. Travelers Ins. Co., 105 Ga. App. 600 ( 125 S.E.2d 562); Waits v. Travelers Ins. Co., 106 Ga. App. 130 ( 126 S.E.2d 543); Butler v. National Lead Co., 106 Ga. App. 180 ( 126 S.E.2d 453); Hammock v. Davidson Granite Co., 107 Ga. App. 673 ( 131 S.E.2d 132); and Miller v. Travelers Ins. Co., 111 Ga. App. 245 ( 141 S.E.2d 223) are not applicable here, for in all those cases there was conflicting evidence as to medical questions. The trial court erred in reversing the board's award.
Judgment reversed. Jordan and Eberhardt, JJ., concur.