Padgett v. American Mutual Liability Insurance
Padgett v. American Mutual Liability Insurance
Opinion of the Court
1. The evidence adduced at the hearing before the single director in the present case showed that the deceased worked as a night watchman for the employer, that his duties required him to make one round of the plant each hour, that it took him approximately 15 or 20 minutes to make a round, that the remainder of the time he sat in the boiler room of the plant, that in making the rounds he was required to climb 15 or 20 steps at one point and onto a platform 2 and % or 3 feet high at another point, that on December 13, 1955 the deceased fell on the platform while making the 2 a.m. round and was observed by a fellow employer while getting up, that he did not make the 3 a.m. round that night but did make the rest of his rounds, that he was carried home by a fellow employee at 6 a.m. and
Under the above evidence the board was authorized to find that, the deceased did not die as the result of an injury arising out of and in the course of his employment, and where there is any evidence to support the award of the State Board of Workmen’s Compensation it will not be disturbed on review. Pepperell Mfg. Co. v. Mathis, 92 Ga. App. 85, 88 (88 S. E. 2d 201); Short v. Glendale Mills, Inc., 95 Ga. App. 238 (97 S. E. 2d 541). Accordingly, the judge of the superior court did not err in affinning the awaz’d of the State Boai'd of Workmen’s Compensation which denied the claimant compensation.
2. In view of the above ruling it is unnecessary to pass on the additional finding of the board that the notice required under Code § 114-303 was not given.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.