Insurance Company of North America v. Yates

Full title: INSURANCE COMPANY OF NORTH AMERICA et al. v. YATES

Court: Court of Appeals of Georgia

Date published: Sep 4, 1979

258 S.E.2d 919 (Ga. Ct. App. 1979)

151 Ga. App. 118

Opinion

57900.

SUBMITTED MAY 8, 1979.

DECIDED SEPTEMBER 4, 1979.

Workers' compensation. Jenkins Superior Court. Before Judge Martin.

James Walker Harper, for appellants.

R. H. Reeves, III, for appellee.

SHULMAN, Judge.

This appeal is from an order of the superior court affirming an award of the full Board of Workers' Compensation. We affirm.

After appellee returned to work following a disabling back injury, he was terminated from employment, due to economic conditions. The sole issue raised by appellants is whether there is any evidence to show that appellee's inability to secure suitable employment elsewhere was proximately caused by his previous accidental injury. See Hartford Accident c. Co. v. Bristol, 242 Ga. 287 ( 248 S.E.2d 661), modifying 145 Ga. App. 796 ( 245 S.E.2d 7). The record contains some probative evidence that the claimant made a sincere effort to secure suitable employment elsewhere, but was unsuccessful because of his previous back injury. This being so, the judgment is not subject to reversal on evidentiary grounds. Ins. Co. of N. A. v. Nix, 141 Ga. App. 342 (2) ( 233 S.E.2d 468). See also St. Paul Fire c. Ins. Co. v. Lee, 142 Ga. App. 233 ( 235 S.E.2d 659), as modified by 242 Ga. 287, supra.

Judgment affirmed. Deen, C. J., and Carley, J., concur.

SHULMAN, Judge.

SUBMITTED MAY 8, 1979 — DECIDED SEPTEMBER 4, 1979.