Parrott v. Fidelity Casualty Company of New York

Full title: PARROTT, by Next Friend v. FIDELITY CASUALTY COMPANY OF NEW YORK et al

Court: Court of Appeals of Georgia

Date published: May 24, 1967

156 S.E.2d 150 (Ga. Ct. App. 1967)

115 Ga. App. 778

Opinion

42723.

SUBMITTED APRIL 4, 1967.

DECIDED MAY 24, 1967.

Workmen's compensation. Clayton Superior Court. Before Judge Banke.

Gilbert Carter, Fred A. Gilbert, for appellant.

Long, Weinberg Ansley, Charles L. Drew, for appellees.

BELL, Presiding Judge.

In this workmen's compensation case, the evidence showed that the employee left the employer's premises and went to a restaurant approximately seven miles from the premises to have lunch and coffee with several of his co-workers, at a time when he had no employment duties outside the premises. Having remained away from the job for several hours without the permission or consent of the employer, he was killed in an automobile collision which occurred some five miles from the place of employment, as he was returning to work. The award of the Workmen's Compensation Board denying compensation to claimant was demanded by the evidence. See Indemnity Ins. Co. v. Westmoreland, 93 Ga. App. 888, 891 ( 93 S.E.2d 193); Gay v. Aetna Cas. c. Co., 72 Ga. App. 122, 124 ( 33 S.E.2d 109); Aetna Cas. c. Co. v. Honea, 71 Ga. App. 569, 573 ( 31 S.E.2d 421). The superior court did not err in affirming the award.

Judgment affirmed. Jordan and Pannell, JJ., concur.

SUBMITTED APRIL 4, 1967 — DECIDED MAY 24, 1967.