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King v. Aetna Insurance Company

Court of Appeals of Georgia
Jul 14, 1978
248 S.E.2d 40 (Ga. Ct. App. 1978)

Opinion

56000.

ARGUED JUNE 8, 1978.

DECIDED JULY 14, 1978. REHEARING DENIED JULY 31, 1978.

Workers' compensation. Chatham Superior Court. Before Judge Oliver.

Lee Clark, Fred S. Clark, for appellant.

Falligant, Kent Toporek, Julian H. Toporek, for appellees.


The evidence was sufficient to support the award of the State Board of Workmen's Compensation that the deceased's death did not arise out of and in the course of his employment. That which was held in Guye v. Home Indem. Co., 241 Ga. 213 ( 244 S.E.2d 864) would not require a reversal of this case. The Guye case, in substance, held that a natural inference from human experience was sufficient to satisfy the preponderance of the evidence requirement, where there was no medical evidence to the contrary. While the evidence in the present case would have been sufficient to support an award for the claimant it did not demand such a finding.

Judgment affirmed. Webb and McMurray, JJ., concur.

ARGUED JUNE 8, 1978 — DECIDED JULY 14, 1978 — REHEARING DENIED JULY 31, 1978 — CERT. APPLIED FOR.


Summaries of

King v. Aetna Insurance Company

Court of Appeals of Georgia
Jul 14, 1978
248 S.E.2d 40 (Ga. Ct. App. 1978)
Case details for

King v. Aetna Insurance Company

Case Details

Full title:KING v. AETNA INSURANCE COMPANY et al

Court:Court of Appeals of Georgia

Date published: Jul 14, 1978

Citations

248 S.E.2d 40 (Ga. Ct. App. 1978)
248 S.E.2d 40