West Point Pepperell, Inc. v. Payne

Full title: WEST POINT PEPPERELL, INC. v. PAYNE

Court: Court of Appeals of Georgia

Date published: Sep 26, 1979

260 S.E.2d 412 (Ga. Ct. App. 1979)

260 S.E.2d 412

Opinion

58446.

SUBMITTED SEPTEMBER 11, 1979.

DECIDED SEPTEMBER 26, 1979.

Workers' compensation. Whitfield Superior Court. Before Judge Vining.

James B. Hiers, Jr., for appellant.

Maurice M. Sponcler, Jr., for appellee.

QUILLIAN, Presiding Judge.

This is an appeal from a judgment of the superior court which affirmed an award of the State Board of Workers' Compensation.

The question for determination on the change in condition hearing was whether the claimant was disabled as a result of an injury which arose out of and in the course of her employment.

There was medical testimony of two doctors in regard to the claimant's condition. However, the award is completely silent as to this testimony. As was stated in Liberty Mut. Ins. Co. v. Nobles, 147 Ga. App. 81, 82 ( 248 S.E.2d 160): "While the board was not bound to accept the opinions of Dr. Lyle they were bound to consider his testimony. In American Mut. Liab. Ins. Co. v. Williams, 133 Ga. App. 257 ( 211 S.E.2d 193) where this court was uncertain whether certain evidence had been considered the case was remanded to the board for further consideration."

In the case sub judice, there being doubt as to whether the medical testimony was considered, this case is reversed with direction that it be remanded to the board for further consideration.

Judgment reversed with direction. Smith and Birdsong, JJ., concur.

QUILLIAN, Presiding Judge.

SUBMITTED SEPTEMBER 11, 1979 — DECIDED SEPTEMBER 26, 1979.