Opinion
38756.
DECIDED APRIL 4, 1961.
Workmen's compensation; attorney's fees. Floyd Superior Court. Before Judge Hicks.
Henry A. Stewart, Sr., for plaintiffs in error.
Smith, Field, Ringel, Martin Carr, E. Lamar Gammage, Jr., Richard D. Carr, W. Dent Acree, Charles L. Drew, contra.
An award of lump-sum attorney's fees by the State Board of Workmen's Compensation, not appealed from and not attacked in any way, is final, and the board is without authority to set such an award aside on its own ex parte order. The superior court did not err in rendering judgment for the attorneys in whose favor the award was rendered.
DECIDED APRIL 4, 1961.
The two attorneys for the employee in a compensation case filed a petition in Floyd Superior Court for a judgment for the amount of the lump-sum attorney's fees under an award of such fees by the compensation board, dated July 19, 1960, which was unappealed from. The petition alleged that the board on July 26, 1960, by ex parte order, set aside the lump-sum attorney's fee award stating that the action was taken "upon receipt of information that the claimant died on July 24, 1960, from causes unknown" and that such a judgment was void. The court entered judgment for the full amount of the award and the employer and insurance carrier except to that judgment.
The procedure followed by the attorneys in this case is authorized by Code § 114-711. A lump-sum award may be made to the attorney or attorneys for a claimant. Employers Liability c. Corp. v. Pruitt, 63 Ga. App. 149 (3) ( 10 S.E.2d 275), and cases cited. The award ordering the lump-sum payment of attorney's fees was not appealed from nor attacked in any way, and became final. Code § 114-710. Hence an award which shows on its face that it is intended to be final and not subject to modification may not be arbitrarily set aside without a hearing. The question whether the award could have been changed before the money was paid because of a change in the employee's condition is not raised in this proceeding.
The court did not err in entering judgment for the attorney's fees in accordance with the award of the State Board of Workmen's Compensation.
Judgment affirmed. Nichols and Bell, JJ., concur.