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Lawskills.com Georgia Caselaw
LUMBERMEN'S MUTUAL CASUALTY COMPANY et al. v. KITCHENS.
32905.
Appeal; from Atkinson Superior Court-- Judge E. R. Smith. November 18, 1949.
WORRILL, J.
The evidence authorized the award of compensation in that the board was authorized to find that the death of the claimant's husband occurred as the result of the strain of the work he was doing aggravating a pre-existing diseased heart condition, and the superior court did not err in affirming the award of the State Board of Workmen's Compensation.
Mrs. Pauline Kitchens applied to the State Board of Workmen's Compensation for a hearing to determine the liability of the Ledbetter Lumber Company and Lumbermen's Mutual Casualty Company, its insurer, to pay her compensation on account of the death of her husband. On the hearing the single director awarded her compensation, the employer and insurance carrier appealed to the full board which affirmed the award, and upon their appeal to the superior court that award was affirmed. The defendants excepted.
The doctor examined the deceased, declared him dead, observed that large portions of his skin had turned a dark bluish-black or purple color, and prepared a death certificate stating as the primary cause of death "Myocarditis." In his testimony before the director the doctor testified that a man suffering from myocarditis at the age of the deceased (56 years) and working on a hot July day transferring lumber and putting it in a bin would put more work on his heart and tend to aggravate the condition.
While the defendants appealed to the superior court on the grounds that the awards were contrary to law, that the facts found by the director do not support the order or decree in -hat they do not authorize a finding that the death resulted from an accident arising out of and in the course of the employment, and that there was not sufficient competent evidence to warrant the full board or the director making the awards complained of, and assign error in this court on the ground that the judge of the superior court erred in not reversing the award on each and every ground complained of, the defendants simply argue in their brief before this court that the evidence did not authorize the finding in that it did not show that the employment was a contributing cause of the death.
It is well settled in Georgia that in the absence of fraud, an award by the State Board of Workmen's Compensation affirming upon review an award by a director thereof will not be disturbed by the superior court upon appeal, where there is any evidence to support the same. Hartford Accident & Indemnity Co. v. Davis, 73 Ga. App. 10 (1) (35 S. E. 2d, 521).
Under these principles of law and in view of the evidence we cannot say, as a matter of law, that the board was not authorized to find that the work being done by the employee contributed to his death, and that the award of compensation was not authorized under the testimony set forth above. For these reasons the judge of the superior court did not err in affirming the award of the full board.
Judgment affirmed. Sutton, C. J., and Felton, J., concur.
R. A. Moore, contra.
Bennett, Pedrick & Bennett, for plaintiffs in error.
DECIDED APRIL 28, 1950.
Sunday October 12 11:56 CDT


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