Selph v. Northwestern National Insurance Company

Full title: SELPH v. NORTHWESTERN NATIONAL INSURANCE COMPANY et al

Court: Court of Appeals of Georgia

Date published: Jun 19, 1978

246 S.E.2d 375 (Ga. Ct. App. 1978)

246 S.E.2d 375

Opinion

55829.

ARGUED MAY 4, 1978.

DECIDED JUNE 19, 1978.

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

Jan Cox, for appellant.

Swift, Currie, McGhee Hiers, John F. Sacha, for appellees.

QUILLIAN, Presiding Judge.

This is an appeal from an order of the superior court dismissing an appeal from an award of the State Board of Workmen's Compensation. Held:

1. While the appeal was mailed to the State Board of Workmen's Compensation on July 15, 1977, it was not marked filed by the board until July 21, 1977, which was one day late. The date of the entry of filing is the appropriate evidence of the time of filing. Smith v. Firemen's Fund Ins. Co., 141 Ga. App. 578, 579 ( 234 S.E.2d 156).

2. The remaining enumerations of error are without merit.

Judgment affirmed. Webb and McMurray, JJ., concur.

ARGUED MAY 4, 1978 — DECIDED JUNE 19, 1978.