Bibb County v. Higgins

5 Citing cases

  1. Ready Mix USA, Inc. v. Ross

    A11A2173 (Ga. Ct. App. Mar. 14, 2012)

    Even assuming that the ALJ's denial of the motion was improper as to that admission, however, the error was harmless. Cf. Bibb County v. Higgins, 241 Ga. App. 161 (526 SE2d 379) (1999) (concluding that ALJ's error in basing workers' compensation award, in part, upon medical treatises not admitted in evidence was harmless, where treatises were merely cumulative of medical expert's testimony). Notably, the admission which Ready Mix and Liberty Mutual challenge was merely cumulative of the evidence set forth in Division 2 above, and even without consideration of their admission, the evidence was sufficient to support the ALJ's finding that Ross was totally disabled and entitled to an award of TTD.

  2. Hughston Orthopedic Hospital v. Wilson

    306 Ga. App. 893 (Ga. Ct. App. 2010)   Cited 5 times

    But since there was other far more significant medical evidence in the record that Wilson's problems were psychological in origin, namely, the assessment of a neurologist who evaluated her, any improper inference drawn from the familial history was harmless. See, e.g., Bibb County v. Higgins, 241 Ga. App. 161, 163 (2) ( 526 SE2d 379) (1999). Compare Ga. Power Co. v. Leonard, 215 Ga. App. 383, 385 (2) ( 451 SE2d 74) (1994).

  3. Pitts v. City of Rome

    568 S.E.2d 167 (Ga. Ct. App. 2002)   Cited 4 times
    Affirming denial of claim based on stroke under “any evidence” standard where there were conflicting medical opinions

    OCGA § 34-9-1(4). See Yarbrough, supra at 695-696; Bibb County v. Higgins, 241 Ga. App. 161, 162-163 (1) ( 526 S.E.2d 379) (1999); Sutton, supra at 396 (2) (in determining whether job caused or aggravated claimant's heart disease, "the board would be authorized to consider whether [the claimant's] existing risk factors alone caused his heart disease, whether any of those risk factors were caused by his employment, or whether any job-related conditions aggravated those risk factors to cause the heart disease"). 2.

  4. Cox v. Allen

    256 Ga. App. 53 (Ga. Ct. App. 2002)   Cited 5 times

    Thus, the sufficiency of the facts to support an opinion goes to the weight of the opinion and not to its admissibility. Bibb County v. Higgins, 241 Ga. App. 161, 162-163(1) ( 526 S.E.2d 379) (1999); Metro. Atl. Rap. Transit. Auth. v. Green Int'l., Inc., 235 Ga. App. 419, 422(1) ( 509 S.E.2d 674) (1998). Thus, the trial court did not err in allowing the jury to determine what weight and credibility to give to the opinion of the expert witness as to speed based upon disputed and circumstantial evidence.

  5. Ready Mix USA, Inc. v. Ross

    314 Ga. App. 775 (Ga. Ct. App. 2012)   Cited 6 times

    Even assuming that the ALJ's denial of the motion was improper as to that admission, however, the error was harmless. Cf. Bibb County v. Higgins, 241 Ga.App. 161, 526 S.E.2d 379 (1999) (concluding that ALJ's error in basing workers' compensation award, in part, upon medical treatises not admitted in evidence was harmless, where treatises were merely cumulative of medical expert's testimony). Notably, the admission which Ready Mix and Liberty Mutual challenge was merely cumulative of the evidence set forth in Division 2 above, and even without consideration of their admission, the evidence was sufficient to support the ALJ's finding that Ross was totally disabled and entitled to an award of TTD benefits.