Opinion
63859, 63860.
DECIDED MAY 25, 1982. REHEARING DENIED JUNE 16, 1982.
Workers' compensation. Gilmer Superior Court. Before Judge Neville.
Robert L. Husby, Jr., Joe B. Sartain, for appellant.
John P. Hines, H. Durance Lowendick, for appellees.
The administrative law judge in this workers' compensation case awarded the claimant attorney fees pursuant to Code Ann. § 114-712 (b) (1), based upon a finding that the employer and insurer had forced the case to hearing "without reasonable grounds." The full board affirmed the award of benefits but, finding an absence of any evidence as to what a reasonable fee would be, vacated the award of attorney fees and remanded the case to the administrative law judge for a hearing on this issue. See Liberty Mut. Ins. Co. v. Kirkland, 156 Ga. App. 576 ( 275 S.E.2d 152) (1980). The employer and insurer appealed directly to the superior court from this order. The superior court affirmed the award of compensation but reversed the award of attorney fees, finding no basis for the conclusion that the claim had been defended without reasonable grounds. We granted the claimant's subsequent application for a discretionary appeal. After the claimant had filed her notice of appeal to this court, the employer and insurer filed a cross appeal seeking to reverse the award of benefits. Held:
Because the issue of attorney fees had not been finally determined, the board's ruling was not final, and the superior court had no jurisdiction to hear an appeal from it. See Code Ann. § 114-710; Garner v. Owens-Illinois Glass Container, 134 Ga. App. 917 (3) ( 216 S.E.2d 709) (1975); Ocean Accident c. Co. v. Hulsey, 108 Ga. App. 8 ( 131 S.E.2d 806) (1963); Southern Surety Co. v. Elliott, 44 Ga. App. 376 ( 161 S.E. 679) (1931). The judgment of the trial court is accordingly reversed with direction that the case be remanded to the board for a hearing on attorney fees in accordance with the board's order.
Judgment reversed and remanded with direction. McMurray, P. J., and Birdsong, J., concur.