American Mutual Liability Insurance v. Duncan
American Mutual Liability Insurance v. Duncan
Opinion of the Court
In this case the claimant seeks compensation under the provisions of the Occupational Disease Statute (Georgia Laws, 1946, p. 103 et seq. (Code, Ann. Supp., § 114-801 et seq.) for the disease of silicosis. The record shows that there
The Supreme Court and this court have repeatedly held that findings of fact and an award supported by any evidence are, in the absence of fraud, conclusive on the reviewing court. See, in this connection: Great American Indemnity Co. v. Mitchell, 49 Ga. App. 378 (175 S. E. 400); Liberty Lumber Co. v. Silas, 49 Ga. App. 262 (175 S. E. 265); Adair v. Metropolitan Casualty Co., 48 Ga. App. 88 (171 S. E. 853), and others.
Under the evidence in this case there was no medical question in controversy within the meaning of Code (Ann. Supp.) § 114-819, and the Director of the State Board of Workmen’s Compensation did not err in failing to refer the case to the Medical Board for investigation and report before entering an award in the case. The court did not err in affirming the award of the State Board of Workmen’s Compensation.
This case was considered by the whole court as provided by the act approved March 8, 1945, (Ga. Laws, 1945, p. 232).
Judgment affirmed.
Dissenting Opinion
dissenting. Under the circumstances of this case, the question whether the claimant had silicosis should have been referred to the Medical Board. The law provides that silicosis must be demonstrated by x-ray or autopsy. In this case the effort was made to prove it by x-ray. While the single director found that Dr. R. F. Payne made the x-ray of claimant, such finding is contrary to the record. The doctor testified that he did not make the x-rays and that they were made by the technician at Battey Hospital, who did not testify at the hearing. There was no identification of the x-ray as that of claimant except by reference to the hospital records, which was insufficient. The evidence of identification of the picture was in the nature of hearsay and was without probative value. There was, therefore, no demonstration of claimant’s silicosis by x-ray, as required by law. Wigmore on Evidence, 3rd Ed., Vol. III, § 795 (4), p. 191; Clark v. Reising, 341 Mo. 282 (107 S. W. 2d, 33); U. S. v. La Favor, 72 Fed. 2d, 827. Inasmuch as the court is holding that there is no medical controversy in this case, it seems to me that it should clearly define the term “medical con-
Reference
- Full Case Name
- AMERICAN MUTUAL LIABILITY INSURANCE COMPANY Et Al. v. DUNCAN
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- 5 cases
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- Published