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Lawskills.com Georgia Caselaw
RACHEL v. SIMMONS COMPANY.
58444.
DEEN, Chief Judge.
Workers' compensation. Fulton Superior Court. Before Judge Ward.
The salient facts developed on the first hearing of this workers' compensation case are to be found in Rachel v. Simmons Co., 141 Ga. App. 236 (233 SE2d 56) (1977). The case was reversed because, pursuant to an order holding the transcript open for further medical testimony, the deposition of the employee's attending physician, Dr. Brown, was taken on cross examination by the employer who refused to allow claimant's counsel to examine the doctor on direct. Following this another hearing was held in which the claimant testified at some length regarding a leg injury, and the employer introduced a deposition given by Dr. Brown which included direct examination following the cross examination and during which the physician testified to claimant's history relating to a myocardial infarction and clinical evidence of thrombophlebitis. It was the claimant's contention that a leg injury brought on the latter pathological condition, and that a clot forming in the leg probably traveled to the lung or heart and brought on the infarct.
The medical testimony, whether considered alone or in connection with the other evidence, does not demand a finding that the claimant's disability stemming from her heart condition was proximately caused by her employment.
Warner R. Wilson, Jr., Donald F. Walton, for appellee.
Robert T. Efurd, Jr., for appellant.
SUBMITTED SEPTEMBER 5, 1979 -- DECIDED OCTOBER 12, 1979.
Saturday November 22 04:00 CST


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