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Strickland v. American Motorists Insurance Company

Court of Appeals of Georgia
Apr 24, 1979
256 S.E.2d 92 (Ga. Ct. App. 1979)

Opinion

57218.

ARGUED FEBRUARY 5, 1979.

DECIDED APRIL 24, 1979.

Workers' compensation. Clayton Superior Court. Before Judge Crumbley.

Freeman Hawkins, William Q. Bird, for appellant.

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


The employer-appellee in this worker's compensation case prevailed below on the basis of a finding that the employee's claim was barred by the 1-year statute of limitation set forth in Code Ann. § 114-305. On appeal to this court, the claimant has attached to her brief copies of certain documents allegedly filed with the Board of Workers' Compensation but omitted from the record transmitted to the superior court and, consequently, from the record transmitted to this court. These documents indicate that the original claim for compensation may have been filed earlier than the board's order indicates. The claimant contends that this earlier filing date was within the statute of limitation. The appellee disputes this contention. Held:

Exhibits contained in an appellate brief which do not appear in the record or transcript cannot be considered by this court and afford no basis for reversal. Jenkins v. Chambers, 127 Ga. App. 200, 204 ( 193 S.E.2d 222) (1972); Life Ins. Co. v. Thomas, 127 Ga. App. 682 (1) ( 194 S.E.2d 625) (1972). No claim was made in the superior court that the record was deficient, and no request was made that it be corrected. Consequently, we cannot say that the superior court erred in making its ruling based on the record before it. That record fully supports the board's ruling that the claim was barred by the statute of limitation.

Judgment affirmed. Underwood and Carley, JJ., concur.

ARGUED FEBRUARY 5, 1979 — DECIDED APRIL 24, 1979.


Summaries of

Strickland v. American Motorists Insurance Company

Court of Appeals of Georgia
Apr 24, 1979
256 S.E.2d 92 (Ga. Ct. App. 1979)
Case details for

Strickland v. American Motorists Insurance Company

Case Details

Full title:STRICKLAND v. AMERICAN MOTORISTS INSURANCE COMPANY et al

Court:Court of Appeals of Georgia

Date published: Apr 24, 1979

Citations

256 S.E.2d 92 (Ga. Ct. App. 1979)
256 S.E.2d 92

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