Great American Indemnity Co. v. Overton
Great American Indemnity Co. v. Overton
Opinion of the Court
The defendants contend that the facts found by the single director do not support the order or decree appealed from, and that there is not sufficient and competent evidence in the record to warrant the rendition of said award, and that the award is contrary to law*. It appears to us that the findings of fact and the award of able deputy director D. C. Chalker embrace all angles of which complaint is made before the Court of Appeals. That decision reads: “This case came on to be heard before the undersigned in Atlanta, Georgia, on February 25, 1954, to determine liability, compensation, and dependency.
“Mrs. James Claude Overton, being duly sworn, testified in her own behalf in substance as follows: That she was the widow of James Claude Overton, they were married in Huntsville, Madison County, Alabama, in 1914; that she had never filed divorce action and that they were living together on August 22nd and 23rd, 1953; that their children were all grown and married, over 18 years of age; that her husband went to work on August 22nd and that she was called sometime after 12:00 o’clock and told that he was sick; that she and her grandson-in-law went after her husband and three or four men brought him out in a chair; that he couldn’t do anything; that he was just like he was dead, he was wringing wet and they carried him to Grady Hospital; that they examined him there and kept him for several hours and then they took him to Emory; that he never recovered from this illness and he died on the next day, August 23rd, on Sunday night about 11:00 o’clock. That her husband did not have any children by any former marriage.
“Another hearing was held in the above case before the undersigned in Atlanta, Georgia, on May 17th, 1954 to take additional testimony.
“Dr. Abner Golden, being duly sworn, testified in substance as follows: That he was present when the autopsy was performed on the body of James Overton and that he had a copy of this autopsy report; that the cause of death of this man was a rupture of the aorta, which is the major artery of the body; that there was an underlying enlargement of the aorta and this abnormality had been present for a considerable period of time, but that the rupture, leading to the hemorrhage was an acute process; that the other contributory causes of death included those you would expect in someone who had elevated blood pressure over a period of time, namely marked enlargement of the heart, about twice the normal size and changes in the small blood vessels of the body. In addition, this individual had a fairly advanced cirrhosis of the liver, but was apparently having no clinical symptoms referable to this condition; that the cause of a rupture of a diseased
“On cross-examination, witness further testified that there were no external evidences that this man received any trauma or blows or licks to his body and it was definitely his opinion that he did not receive any blows or licks or trauma to his body, after examining him. That he could have received an external blow which would have injured internal organs and this could have affected the cause of death..
“C. L. Overton, being duly sworn, testified in substance as follows: That he was by occupation operator of a linotype machine; that this work was mentally strenuous and at times it required physical strain; that the average work week was 7% hours a day, 5 days a week but that quite often now there was a shortage of operators and most of them did work quite a bit of overtime; that he was superintendent of a printing plant and had been in charge of men for a number of years and he had observed that overtime work created a nervous condition; that he worked with James Overton a number of years, he ran a machine side by side with him; that he was recognized as tops in Atlanta as an operator; that he worked until he couldn’t work any more, more hours than hardly any man in Atlanta should; that it brought on a drinking condition; that he loved his work, worked all the time and his only relaxation was taking a drink which he did quite often.
“Joseph H. Burke, being duly sworn, testified in substance as
“On cross-examination, witness further stated that as far as he could determine the overtime work was at the employee’s own selection and not compulsory; that he could not state what the attitude of the company would be toward an employee who refused to work overtime.
“Dr. T. E. McGheay, being duly sworn, testified in substance as follows: That he treated Mr. James Overton on the date which the hospital record indicates and that this was his last illness and that he was a patient at Emory University Hospital; that an examination was made with the purpose of affecting some treatment if possible; that Mr. Overton was complaining of terrific pain in his back and side and mainly in his left abdomen. That they found a mass in the left abdomen that seemed to pulsate slightly when his heart would beat; that he had ecchymoses, that is blood under the skin around in the left flank and all the way around to the navel in front; that he was in shock, that is low blood pressure and rapid pulse and that was about all the significant findings; that these were enough findings to lead them to make a diagnosis of a ruptured abdominal aorta; that several hours before he had a rather sudden onset of this pain in his back and in his flank with apparent collapse, employee stated that he had been working pretty hard recently and carrying some type things, which he -wasn’t used to carrying. After a half-hour or hour of this pain, the pain had gotten worse and worse, he collapsed and was taken, first to Grady Hospital, and then they called him as their family doctor and he got him in Emory; that Mr. Overton died, in about 48 hours after he was admitted; that he had treated this family for a number of years; that Mr. Over-ton never would go to a doctor much, he did not recall that he ever treated him before, but if he had it was irrelevant and was 10 or 15 years before; that he read the autopsy report and con
“J. H. Sosebee, being duly sworn, testified by deposition on May 27th, 1954, in Atlanta, Georgia, in substance as follows: That he was treasurer for Foote & Davies and that when they have an accident he makes the report to the insurance company; that he had to get the information from the particular foreman or superintendent; that he sent them an insurance form blank, they went to the party and got all the information, gave it to him and he in turn copied it on the typewriter, because he had to furnish the insurance company some three or four copies; that he did not recall making a report on the incident claimed in this case and would have to look back in the record; that he took their words as being facts and copied it down and signed it; that he did not see Mr. Overton the day he was taken ill, that he just heard afterwards that Mr. Overton was taken sick that morning and his people had come for him; that Mr. Brooks was superintendent over all of them, but Mr. Lemmon was Mr. Overton’s foreman at the time. That he did not know anything about the conditions under which Mr. Overton worked, that he knew he was one of the line operators and that was about all.
“M. S. Brooks, being duly sworn, testified in behalf of the claimant by deposition in Atlanta, Georgia on May 27, 1954, in substance as follows: That he was superintendent of the Foote & Davies plant and James Overton was under his general supervision
“Floyd L. Lutz, being duly sworn, testified by deposition in Atlanta, Georgia on May 27th, 1954, in substance as follows: That he was a linotype operator for Foote & Davies, that he knew James Overton and that he worked at a machine next to
“Findings of Fact and Conclusions of Law: After thorough consideration of all the evidence in this case, I find, as a matter of fact, that James Claude Overton was employed by Foote & Davies as a linotype operator at an average weekly wage of $108.12. It was stipulated that his wage was more than $48.00 per week but Mr. Joseph Ii. Burke, comptroller of Foote & Davies, testified he was making $108.12 per week straight time, and that on August 22nd, 1953, while so employed he suffered an accident and injury which arose out of and in the course of his employment, which was the proximate cause of his death on August 23rd, 1953. That the primary cause of death under the medical evidence was the ‘rupture of the aorta, which is the major artery of the body’ which was testified to at length and
“This rule has been followed consistently by our appellate courts.
“I further find, as a matter of fact, that Mrs. James Claude Overton was the legal wife of the said James Claude Overton and the sole dependent within the provisions of the Workmen’s Compensation Act at the time of his death on August 23, 1953, and
“Award: Wherefore, based on the above findings of fact and conclusions of law, Foote & Davies, employer and/or Great American Indemnity Company, insurance carrier, are directed to pay to Mrs. James Claude Overton, claimant, compensation at the rate of $20.40 per week, commencing August 23rd, 1953, and continuing for a period not to exceed 300 weeks, subject to the provisions of the Workmen’s Compensation Act, and are further directed to pay a sum not to exceed $225.00 to apply on the funeral expenses of said deceased and are further directed to pay all medical, hospital and ambulance bills incurred as a result of said injury. All accrued compensation, medical and funeral expenses are directed to be paid immediately. And it is so ordered this the 6th day of August, 1954.”
Without discussing whether or not the conversations between testifying physicians and the deceased were hearsay, that testimony is not necessary in order to affirm this case. There is other ample competent evidence to support the findings of fact. Any competent evidence to support such finding's is sufficient, but in the case at bar there appears ample evidence to support the findings of the State Board of Workmen’s Compensation. This holding is not contrary to the ruling in Liberty Mutual Ins. Co. v. Meeks, 81 Ga. App. 800 (60 S. E. 2d 258), cited by counsel for the defendants. The facts there were different and we are of the opinion that the findings of fact in the instant case were not based on mere conjecture as suggested by counsel for the defendants and as indicated in U. S. Fidelity &c. Co. v. Brown, 68 Ga. App. 706 (23 S. E. 2d 443). However, in the latter case, quoting from Lathem v. Hartford Accident &c. Co., 60 Ga. App. 523 (3 S. E. 2d 916), this court said: “Declarations of a party himself, to whomsoever made, are competent evidence, when
The court did not err in sustaining the findings of fact and the award of the State Board of Workmen’s Compensation based thereon.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.