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Colbert v. Apex Carpet Finishers, Inc.

Supreme Court of Georgia
Nov 9, 1972
194 S.E.2d 468 (Ga. 1972)

Opinion

27498.

ARGUED OCTOBER 10, 1972.

DECIDED NOVEMBER 9, 1972. REHEARING DENIED NOVEMBER 30, 1972.

Equitable petition. Catoosa Superior Court. Before Judge Painter.

Wade H. Leonard, for appellant.

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


This is an appeal from a judgment of the Superior Court of Catoosa County dismissing a suit in equity to set aside an award of the State Board of Workmen's Compensation.

The appellant contends that the award of the full board of the State Board of Workmen's Compensation in this case is illegal, null and void because the board is not authorized by Code Ann. § 114-708 to merely adopt the findings and award of a deputy director, but must set forth de novo "a statement of findings of fact, specific and ultimate, from the record, or from any source," even though no new evidence is introduced.

We do not agree.

This precise issue between the same parties was resolved in Colbert v. American Fire c. Co., 124 Ga. App. 808 ( 186 S.E.2d 432), and has also been conclusively settled adversely to appellant in numerous other decisions of this court and the Court of Appeals. See Pacific Employers Ins. Co. v. West, 213 Ga. 296 (1) ( 99 S.E.2d 89); Gatrell v. Employers Mut. Liab. Ins. Co., 226 Ga. 688 ( 177 S.E.2d 77); Gusler v. Aetna Casualty c. Co., 118 Ga. App. 846 ( 165 S.E.2d 877); Courtney v. General Accident Group, 124 Ga. App. 809 ( 186 S.E.2d 433); Neal v. Ins. Co. of North America, 125 Ga. App. 152 ( 186 S.E.2d 552); and cits.

Judgment affirmed. All the Justices concur.

ARGUED OCTOBER 10, 1972 — DECIDED NOVEMBER 9, 1972 — REHEARING DENIED NOVEMBER 30, 1972.


Summaries of

Colbert v. Apex Carpet Finishers, Inc.

Supreme Court of Georgia
Nov 9, 1972
194 S.E.2d 468 (Ga. 1972)
Case details for

Colbert v. Apex Carpet Finishers, Inc.

Case Details

Full title:COLBERT v. APEX CARPET FINISHERS, INC. et al

Court:Supreme Court of Georgia

Date published: Nov 9, 1972

Citations

194 S.E.2d 468 (Ga. 1972)
194 S.E.2d 468