Poston v. St. Paul Insurance Company

Full title: POSTON v. ST. PAUL INSURANCE COMPANY et al

Court: Court of Appeals of Georgia

Date published: May 8, 1974

206 S.E.2d 728 (Ga. Ct. App. 1974)

206 S.E.2d 728

Opinion

49054.

SUBMITTED FEBRUARY 4, 1974.

DECIDED MAY 8, 1974.

Workmen's compensation. Fulton Superior Court. Before Judge Tidwell.

Richard R. Kirby, William I. Aynes, for appellant. Savell, Williams, Cox Angel, John M. Williams, Elmer L. Nash, for appellees.

BELL, Chief Judge.

The evidence supports both findings of fact that claimant failed to give her employer notice of the accident within 30 days as required by Code § 114-303; and that claimant's back injury did not arise out of and in the course of her employment. Accordingly, the superior court properly affirmed the award of the Board of Workmen's Compensation which denied compensation to claimant. Jeffers v. Liberty Mutual Ins. Co., 115 Ga. App. 528 ( 154 S.E.2d 801).

Judgment affirmed. Quillian and Clark, JJ., concur.

SUBMITTED FEBRUARY 4, 1974 — DECIDED MAY 8, 1974.