Lee Connell Construction Company v. Swann

Full title: LEE CONNELL CONSTRUCTION COMPANY et al. v. SWANN

Court: Court of Appeals of Georgia

Date published: May 31, 1985

333 S.E.2d 450 (Ga. Ct. App. 1985)

333 S.E.2d 450

Opinion

68377.

DECIDED MAY 31, 1985.

Workers' compensation. Bartow Superior Court. Before Judge White.

George L. Pope, Jr., Lyman M. Delk, Jr., for appellants. John M. Strain, for appellee.

BEASLEY, Judge.

The Supreme Court of Georgia in Lee Connell Constr. Co. v. Swann, 254 Ga. 121 ( 327 S.E.2d 222) (1985), has reversed our decision in Lee Connell Constr. Co. v. Swann, 172 Ga. App. 305 ( 322 S.E.2d 736) (1984), which had affirmed the trial court's affirmance of the Board of Workers' Compensation. In accordance with the mandate of the Supreme Court, our judgment is vacated and the trial court's judgment is reversed.

Judgment reversed. Banke, C. J., Deen, P. J., McMurray, P. J., Birdsong, P. J., Carley, Sognier, Pope, and Benham, JJ., concur. Deen, P. J., McMurray, P. J., and Carley, J., also concur specially.

BEASLEY, Judge.

DECIDED MAY 31, 1985.

CARLEY, Judge, concurring specially.

I agree with the majority opinion that "[i]n accordance with the mandate of the Supreme Court, our judgment is vacated and the trial court's judgment is reversed." However, I think it important to note that the Supreme Court's reversal of this court's affirmance of the trial court was based upon the holding that we erroneously "equated the permanent lens implant with the wearing of eyeglasses or contact lens." Lee Connell Constr. Co. v. Swann, 254 Ga. 121 ( 327 S.E.2d 222) (1985). However, as I read the Supreme Court's opinion, it did not affect that portion of our original opinion which overruled Dunn v. Hartford Accident c. Co., 81 Ga. App. 283 ( 58 S.E.2d 245) (1950) and Georgia Cas. c. Co. v. Wesby, 119 Ga. App. 545 ( 168 S.E.2d 191) (1969).

I am authorized to state that Presiding Judge Deen and Presiding Judge McMurray join in this special concurrence.