Mission Insurance Company v. Underwood

Full title: MISSION INSURANCE COMPANY et al. v. UNDERWOOD

Court: Court of Appeals of Georgia

Date published: Apr 24, 1979

257 S.E.2d 48 (Ga. Ct. App. 1979)

257 S.E.2d 48

Opinion

57502.

SUBMITTED MARCH 13, 1979.

DECIDED APRIL 24, 1979.

Workers' compensation. Walker Superior Court. Before Judge Loggins.

Marcus Gingold, Steven E. Marcus, for appellants.

Brown, Harriss, Hartman Ruskaup, Don L. Hartman, for appellee.

BIRDSONG, Judge.

This is an appeal from an order of the superior court affirming an award of workers' compensation benefits to claimant-appellee. The only issue argued by appellant is whether the evidence authorized the award. An examination of the evidence reveals that the award was authorized. There being some evidence in support of the award, we will not interfere with the judgment. Howard Sheppard, Inc. v. McGowan, 137 Ga. App. 408, 410 ( 224 S.E.2d 65); Employers Ins. Co. v. Amerson, 109 Ga. App. 275 ( 136 S.E.2d 12).

There being a litigable issue as to the existence as opposed to the sufficiency of evidence to support the award, we deny appellee's motion for damages based upon a frivolous appeal brought for purposes of delay only. Code Ann. § 6-1801.

Judgment affirmed. Quillian, P. J., and Smith, J., concur.

SUBMITTED MARCH 13, 1979 — DECIDED APRIL 24, 1979.