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General Motors Corporation v. Peeples

Court of Appeals of Georgia
May 20, 1976
227 S.E.2d 472 (Ga. Ct. App. 1976)

Opinion

52156.

ARGUED MAY 5, 1976.

DECIDED MAY 20, 1976.

Workmen's compensation. DeKalb Superior Court. Before Judge Allen.

King Spalding, Samuel W. Calhoun, for appellant.

Jack Dorsey, for appellee.


Whether the method used by an employee in seeking personal comfort is "normal and prudent" is a material issue in a workmen's compensation case ( Thornton v. Hartford Acc. c. Co., 198 Ga. 786, 789 ( 32 S.E.2d 816); McDonald v. State Hwy. Dept., 127 Ga. App. 171, 174 ( 192 S.E.2d 919)); and where findings as to material issues are not made, the case must be remanded to the board. U.S. Fire Ins. Co. v. Phillips, 120 Ga. App. 51 ( 169 S.E.2d 665); U.S. F. G. Co. v. Gentile, 134 Ga. App. 318 ( 214 S.E.2d 406). Here, as in Noles v. Aragon Mills, 110 Ga. App. 374, 375 ( 138 S.E.2d 598), "[i]t is ordered that the case be recommitted to the State Board of Workmen's Compensation in order that proper findings of fact may be made on the issues involved," which shall include findings as to medical expenses and disability.

See also 1 Larson, Workmen's Compensation Law § 21.80 et seq.; Monahan v. Hoage, 90 F.2d 419 (C. A. D.C.); Mann v. Glastonbury Knitting Co., 90 Conn. 116 ( 96 A 368); Healey's Case, 124 Me. 145 ( 126 A 735); Bolden's Case, 235 Mass. 309 ( 126 NE 668); Hunter v. American Steel Wire Co., 293 Pa. 103 ( 141 A 635); Relay v. Continental American Life Ins. Co., 22 N. J. Misc 347 (39 A.2d 84).

Judgment reversed with direction. Deen, P. J., and Quillian, J., concur.

ARGUED MAY 5, 1976 — DECIDED MAY 20, 1976.


Summaries of

General Motors Corporation v. Peeples

Court of Appeals of Georgia
May 20, 1976
227 S.E.2d 472 (Ga. Ct. App. 1976)
Case details for

General Motors Corporation v. Peeples

Case Details

Full title:GENERAL MOTORS CORPORATION v. PEEPLES

Court:Court of Appeals of Georgia

Date published: May 20, 1976

Citations

227 S.E.2d 472 (Ga. Ct. App. 1976)
227 S.E.2d 472

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