Snyder v. Employers Mutual Liability Insurance Co.

Full title: SNYDER v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY et al

Court: Court of Appeals of Georgia

Date published: Jan 30, 1967

153 S.E.2d 726 (Ga. Ct. App. 1967)

153 S.E.2d 726

Opinion

42398.

ARGUED NOVEMBER 8, 1966.

DECIDED JANUARY 30, 1967.

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

Henritze, Baker Bailey, Walter M. Henritze, Jr., for appellant.

Swift, Currie, McGhee Hiers, James B. Hiers, Jr., for appellees.

PANNELL, Judge.

The notice required under Code § 114-303 must be of an injury by accident. Defendant's knowledge solely of the claimant's accident, in the absence of any indication to the employer that the accident had produced an injury is not sufficient notice that the claimant had sustained an injury arising out of and in the course of his employment. Kresge v. Holley, 104 Ga. App. 144 ( 121 S.E.2d 182); Royal Indem. Co. v. Coulter, 213 Ga. 277 ( 98 S.E.2d 899). There was sufficient evidence to sustain the finding of the full board that the claimant had not notified the employer of the injury occasioned by the accident and there was no error in denying compensation because of failure to give notice.

Judgment affirmed. Felton, C. J., and Frankum, J., concur.

ARGUED NOVEMBER 8, 1966 — DECIDED JANUARY 30, 1967.