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N. L. INDUSTRIES v. CHILDS.
57716.
BANKE, Acting Presiding Judge.
Workers' compensation. Fulton Superior Court. Before Judge Fryer.
The employer and insurer appeal an award to the claimant in this workers' compensation case, contending that there is no evidence that the claimant suffered a compensable injury.
The claimant testified that he injured his thumb at work sometime in April of 1976. He reported the accident and received medical treatment, but continued to work for several months thereafter without filing any claim for compensation. The administrative law judge found from the plaintiff's testimony and from the medical evidence that "claimant's continued work so aggravated the condition as to finally cause the claimant to become totally disabled on January 4, 1977, when he was admitted to the hospital for corrective surgery." This claim was filed on September 12, 1977. Held:
1. "Under the broad definition of the term 'accident' as used in our [workers'] compensation law, if the employee continued to perform the duties of the employment and thereby aggravated the initial injury, this would amount to a new 'injury by accident.' " Mallory v. American Cas. Co., 114 Ga. App. 641 (4), 643 (152 SE2d 592) (1966). See also Blackwell v. Liberty Mut. Ins. Co., 230 Ga. 174 (196 SE2d 129) (1973); Twin City Fire Ins. Co. v. Lowe, 140 Ga. App. 349 (231 SE2d 125) (1976).
2. There was evidence to indicate that the employer was aware both of the 1976 injury and of the fact that the claimant ceased work on January 4, 1977, because of his thumb condition. Under the "any evidence" rule, this was sufficient to support a finding that the "notice of accident" requirement of Code Ann. 114-303 had been met. Accord, Mayor &c. of Savannah v. George, 145 Ga. App. 57 (2) (243 SE2d 259) (1978).
Jack Dorsey, for appellee.
Savell, Williams, Cox & Angel, Andrew R. Greene, John M. Williams, for appellant.
ARGUED APRIL 10, 1979 -- DECIDED JULY 10, 1979 -- REHEARING DENIED JULY 24, 1979.
Friday May 22 02:51 EDT


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