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Workmen's compensation. Cobb Superior Court. Before Judge Manning. September 4, 1958.
An application for compensation under the Workmen's Compensation Act was filed by Ira Griffin Anderson, here referred to as the claimant, against Lockheed Aircraft Corporation, his employer, and Employers Mutual Liability Insurance Company, the employer's insurance carrier.
This case was before this court previously on an appeal by the employer and the insurance carrier on the sole issue as to whether the claim of the employee was barred by the statute of limitations. In Employers Mutual Liability Ins. Co. v. Anderson, 96 Ga. App. 509 (100 S. E. 2d 611) this court reversed the case with direction that further evidence be taken on the question of whether the claim was barred by the statute of limitations. In compliance with this direction a hearing was held for that purpose. The full board then entered an award denying compensation on the ground that the claim was not filed within one year from the date of the injury as required by Code 114-305 and was barred by the statute of limitations.
The claimant appealed to the superior court where the award was affirmed. The claimant excepts to that ruling, and the case is here for review.
The sole question is whether there was any evidence to support the award of the Workmen's Compensation Board. Maryland Cas. Co. v. Hopkins, 71 Ga. App. 175 (30 S. E. 2d 357).
The claim for compensation was filed on November 7, 1956. There was a doctor's report admitted in evidence which states that he treated the claimant for the injury on which the claimant is basing his right to compensation, on November 2, 1955.
The claimant also testified in part that: He worked the entire week of the accident and then took the next week off; he then returned to the job and worked the following week. The payroll records of the employer were introduced in evidence and they disclosed in part that: the claimant worked November 1, 2, 3, and 4, 1955; he drew sick leave while absent from work on November 7, 8, 9, 10, and 11, 1955; that he worked 14, 15, 16, 17, and 18, 1955. The payroll records considered in conjunction with the testimony of the claimant that he worked the week of the accident and then was out the next week and then returned the following week, would be some evidence of the fact that the injury occurred during the work week ending November 4, 1955.
While the doctor's report is sufficient to support the finding that the injury occurred on November 2, 1955, assuming that it was not, the payroll records in conjunction with the claimant's testimony would be sufficient evidence to support the finding of fact that the injury was barred by the statute of limitations. Where there is competent evidence to support a particular finding of fact, though the compensation board predicates its finding upon an erroneous theory, the award will not be set aside. American Mutual Liability Ins. Co. v. Sisson, 198 Ga. 623 (32 S. E. 2d 295).
The judge did not err in affirming the award of the Workmen's Compensation Board.
Judgment affirmed. Felton, C. J., and Nichols, J., concur.
Smith, Swift, Currie & McGhee, Frank M. Swift, contra.
Maddox & Maddox, James Maddox, for plaintiff in error.
Saturday May 23 00:31 EDT

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