Opinion
52401.
SUBMITTED JULY 14, 1976.
DECIDED SEPTEMBER 8, 1976.
Workmen's compensation. Fulton Superior Court. Before Judge Williams.
Walter W. Furlong, for appellant.
Hopkins, Gresham Whitley, H. Lowell Hopkins, for appellees.
The claimant-appellant was injured on the job on June 20, 1974. On September 30, 1974, claimant and his employer entered into an agreement, approved by the Workmen's Compensation Board, for total disability compensation of $80 per week. The employer, acting pursuant to Code Ann. § 114-709, made motion for review because of change in condition. A hearing was held and upon consideration of evidence a change of condition was found and compensation payments were terminated. Both the full board and the superior court affirmed this award. The claimant appeals.
SUBMITTED JULY 14, 1976 — DECIDED SEPTEMBER 8, 1976.
1. By deposition one of the claimant's medical doctors testified that on two occasions prior to the original agreement between the claimant and his employer as to total disability, the claimant had been advised that he could return to work. The claimant argues that the agreement is res judicata and evidence as to his pre-agreement condition should not have been heard. Gorman v. Employers Mut. Liab. Ins. Co., 113 Ga. App. 500 (1) ( 148 S.E.2d 463). If the pre-agreement opinion of the doctor was the only evidence of the change in the claimant's condition, Gorman would be applicable. The original agreement is res judicata as to the essential element of accidental injury arising out of and in the course of employment; res judicata as to the original award does not apply when the issue is change of condition under Code Ann. § 114-709. Rhindress v. Atlantic Steel Co., 71 Ga. App. 898 (4) ( 32 S.E.2d 554). Here there was additional medical testimony, based upon two examinations made after the agreement, that the claimant could return to work; such evidence was competent. Fidelity c. Co. v. Parham, 218 Ga. 640 ( 129 S.E.2d 868).
2. The evidence was sufficient to authorize the finding that there had been a change in the claimant's condition. Walker v. U.S. F. G. Co., 64 Ga. App. 459 ( 13 S.E.2d 526).
Judgment affirmed. Quillian and Webb, JJ., concur.