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Colbert v. American Fire Casualty Company

Court of Appeals of Georgia
Oct 27, 1971
186 S.E.2d 432 (Ga. Ct. App. 1971)

Opinion

46346.

SUBMITTED JUNE 30, 1971.

DECIDED OCTOBER 27, 1971. REHEARING DENIED NOVEMBER 9, 1971.

Workmen's compensation. Catoosa Superior Court. Before Judge Painter.

Wade H. Leonard, for appellant.

Smith, Cohen, Ringel, Kohler, Martin Lowe, Williston C. White, for appellees.


Claimant appeals from the judgment of the superior court affirming an award of the State Board of Workmen's Compensation on the sole ground that the award of the full board was null and void because it adopted the factual findings and award of the deputy director. This, he contends, is an unauthorized appellate-type review rather than the de novo proceeding to which he is entitled under Code Ann. § 114-708.

The contention is without merit. The award of the full board specifically stated that it had reviewed the entire record and made the same findings as had the deputy director. Therefore the award cannot be attacked as having made no independent findings of fact. Gatrell v. Employers Mut. Liab. Ins. Co., 226 Ga. 688 ( 177 S.E.2d 77); American Cas. Co. v. Wilson, 99 Ga. App. 219 ( 108 S.E.2d 137).

Further, the board is to be commended for being succinct. A full-blown recital of identical findings would have added nothing except more paper to a governmental structure already groaning under its weight.

Judgment affirmed. Bell, C. J., and Eberhardt, J., concur. Whitman not participating because of illness.

SUBMITTED JUNE 30, 1971 — DECIDED OCTOBER 27, 1971 — REHEARING DENIED NOVEMBER 9, 1971.


Summaries of

Colbert v. American Fire Casualty Company

Court of Appeals of Georgia
Oct 27, 1971
186 S.E.2d 432 (Ga. Ct. App. 1971)
Case details for

Colbert v. American Fire Casualty Company

Case Details

Full title:COLBERT v. AMERICAN FIRE CASUALTY COMPANY et al

Court:Court of Appeals of Georgia

Date published: Oct 27, 1971

Citations

186 S.E.2d 432 (Ga. Ct. App. 1971)
186 S.E.2d 432

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