Massey v. Aetna Casualty & Surety Co.
Massey v. Aetna Casualty & Surety Co.
Opinion of the Court
The injury to the plaintiff’s foot was not a permanent injury to a specific member, such as entitled him to have his compensation based upon the schedule set out in Code § 114-406 (section 32 of the Act), but the claimant was entitled to compensation for a partial incapacity to work under Code § 114-405. The award of the board was erroneous, and the superior court properly overruled and set the same aside and remanded the case to the board for further proceedings in accordance with the judgment of that court. In Georgia Casualty Co. v. Jones, 156 Ga. 664 (119 S. E. 721), the Supreme Court held that section 32 (Code, § 114-406) provides compensation for injuries resulting from the loss of certain members or organs of the human body and fixes the period of incapacity to work in the case of the loss of each of such members, and the compensation to be paid for the injury which results in such loss. Said section
It follows that the claimant employee was not entitled to compensation based on Code § 114-406 (section 32 of the Act), and that the board improperly so ruled. The judge of the superior court, to whom the award was appealed, properly set this award aside and remanded the case for an award in accordance with the judgment of that court.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.