Opinion
51492.
ARGUED NOVEMBER 5, 1975.
DECIDED JANUARY 5, 1976.
Workmen's compensation. Chattahoochee Superior Court. Before Judge Smith.
Grogan, Jones Layfield, Michael Agnew, for appellant.
F. Earl Wiggers, for appellees.
The burden is on the claimant in a workmen's compensation proceeding to establish the injury sustained arose both out of and in the course of the employment. Travelers Ins. Co. v. Faulkner, 63 Ga. App. 438, 439 ( 11 S.E.2d 367); Aetna Cas. c. Co. v. Watson, 91 Ga. App. 657 (1) ( 86 S.E.2d 656).
In the present case, where the only evidence was to the effect that during a regular coffee break, the time of which is included in the pay of the employee, the employee was injured; and there is no evidence showing or indicating the employer exercised or had the right to exercise any control over the employee during the coffee break, there was no error in denying compensation under the ruling of this court in Wilkie v. Travelers Ins. Co., 124 Ga. App. 714 ( 185 S.E.2d 783). See also Ocean Acc. c. Corp. v. Farr, 180 Ga. 266 ( 178 S.E. 728).
Additional facts indicating control or the right of control by the employer during the period involved were apparent in the following cases relied upon by the appellant and are not controlling here. Travelers Ins. Co. v. Smith, 91 Ga. App. 305 ( 85 S.E.2d 484); Railway Exp. Agency v. Shuttleworth, 61 Ga. App. 644 ( 7 S.E.2d 195) and American Hardware Mut. Ins. Co. v. Burt, 103 Ga. App. 811 ( 120 S.E.2d 797).
Accordingly, the award denying compensation must be affirmed.
Judgment affirmed. Quillian and Clark, JJ., concur.