Hunkapillar v. Utica Mutual Insurance Company

Full title: HUNKAPILLAR v. UTICA MUTUAL INSURANCE COMPANY et al

Court: Court of Appeals of Georgia

Date published: Jan 30, 1981

277 S.E.2d 295 (Ga. Ct. App. 1981)

157 Ga. App. 300

Opinion

61203.

DECIDED JANUARY 30, 1981.

Workers' compensation. Catoosa Superior Court. Before Judge Painter.

Don L. Hartman, for appellant.

Robert L. Kiser, for appellees.

BANKE, Judge.

This is a discretionary appeal from an order of the superior court reversing an award of the State Board of Workers' Compensation. The administrative law judge heard testimony from the claimant concerning the extent of her injury and her physical incapacity, as well as conflicting medical evidence on these issues. It is undisputed that claimant injured her wrist while performing her assigned job. The injury was diagnosed variously as a "strain . . . possible neuritis," or tendinitis. A lace-up splint was prescribed. Held:

The award of the State Board, while not demanded by the evidence, is supported by the evidence and must be affirmed. "Neither the superior court nor the Court of Appeals has any authority to substitute itself as the fact finding body in lieu of the board." Atkinson v. Home Indemnity Co., 141 Ga. App. 687 ( 234 S.E.2d 359) (1977).

Judgment reversed. Deen, P. J., and Carley, J., concur.

BANKE, Judge.

DECIDED JANUARY 30, 1981.