FIREMAN'S FUND INSURANCE COMPANY v. COX

Full title: FIREMAN'S FUND INSURANCE COMPANY et al. v. COX

Court: Court of Appeals of Georgia

Date published: Jan 25, 1972

187 S.E.2d 580 (Ga. Ct. App. 1972)

187 S.E.2d 580

Opinion

46612.

ARGUED OCTOBER 4, 1971.

DECIDED JANUARY 25, 1972. REHEARING DENIED JANUARY 25, 1972.

Workmen's compensation. Houston Superior Court. Before Judge Hunt.

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

Carl A. Cox, pro se.

BELL, Chief Judge.

The State Board of Workmen's Compensation awarded the claimant a lump sum in lieu of the weekly payments previously agreed to by the parties and approved by the board. See Code Ann. § 114-417. The superior court affirmed. Held:

There is evidence which authorized the board to find that a lump-sum payment would be in the best interest of the claimant; that the employee is totally incapacitated for work as a result of his disability and the disability is permanent. Further, there is evidence that the money awarded in a lump sum will be properly safeguarded by an investment in real estate by construction of a trailer park. See Hartford Acc. c. Co. v. Black, 72 Ga. App. 182 ( 33 S.E.2d 278). The lump-sum award must be affirmed by the courts. Travelers Ins. Co. v. Williams, 109 Ga. App. 719 ( 137 S.E.2d 391).

Judgment affirmed. Pannell and Deen, JJ., concur.

ARGUED OCTOBER 4, 1971 — DECIDED JANUARY 5, 1972 — REHEARING DENIED JANUARY 25, 1972.