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Lawskills.com Georgia Caselaw
BIBB MANUFACTURING COMPANY v. DARSEY et al.
45415.
PANNELL, Judge.
Workmen's compensation. Bibb Superior Court. Before Judge Culpepper.
Service Number Rate Total Rate Total Emergency room $ 5.00 $ 5.00 $ 5.00 $ 5.00
X-ray 1 8.00 8.00 5.00 5.00 Award
Wherefore, based on the above, Bibb Manufacturing Company, employer and self-insurer, is authorized to pay to The Macon Hospital the sum of $11.50 as medical expense in this case." Upon appeal to the superior court, the award was reversed and remanded and the board was "directed to order the employer to pay the medical bills as submitted . . ." The employer entered his appeal to this court. Held:
The Board of Workmen's Compensation has the authority to adopt rules not inconsistent with the Act (Code 114-703); however, such rules must not be legislative in character but are confined and limited to procedural and administrative matters. See Southern Co-op. Foundry Co. v. Drummond, 76 Ga. App. 222, 224 (45 SE2d 687). Whether the setting up of a schedule of fees for medical, surgical and hospital services is substantive or administrative, it is not necessary to decide, as the schedule of fees applied here is unauthorized under, and contrary to, the terms of the Act itself.
Code 114-501 provides that the employer shall furnish certain medical, surgical and hospital benefits "as in the judgment of the board shall be reasonably required to effect a cure or give relief" not in excess of $5,000. While Code 114-502, supra, sets a limitation on the amount of charges, it also establishes a standard upon which the board shall exercise its right of approval of such charges given by Code 114-714.
It is apparent from the decision and award of the board that the standards provided by the Act were not applied and the judge of the superior court was correct in so holding, and the evidence demanding a finding that the charges were proper, the judge of the superior court did not err in so holding and in remanding the case to the Board of Workmen's Compensation and directing the entering of an award accordingly. Crawford W. Long Hospital v. Mitchell, 100 Ga. App. 276, 278 (111 SE2d 120).
Martin, Snow, Grant & Napier, Hendley V. Napier, Edward J. Harrell, for appellees.
Jones, Cork, Miller & Benton, Ed. L. Benton, for appellant.
ARGUED JUNE 4, 1970 -- DECIDED SEPTEMBER 8, 1970.
Friday May 22 16:31 EDT


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