Travelers Insurance v. Boyer
Travelers Insurance v. Boyer
070rehearing
Defendant in error urges that a provision in the order of the Director of the Workmen’s Compensation Board, approved by the full board, that “Said employer and/or insurer are further authorized to take credit for all payments made under Code Section 114-404 in accordance with the previous awards of this board” is erroneous and requires a different result. We interpret this provision to have been made pursuant to the provision of Code § 114-405 that “in case the partial incapacity begins after a period of total incapacity, the latter period shall be deducted from the maximum period herein allowed for partial incapacity.” Allowance of credit by way of deduction from the maximum period allowable under § 114-405 is proper. Hardware Mutual Cas. Co. v. Wilson, 72 Ga. App. 574 (34 SE2d 634). Any other interpretation of the provision in the order would make it erroneous.
Motion denied.
Opinion of the Court
The only question before us is whether there is any competent evidence in the record to support the findings and order of the board. The medical evidence on the second hearing was substantially identical with that which the board had before it at the first hearing on the question of a change in condition. At each of the hearings a doctor for the employer testified that from examinations made by him of the employee he was of the opinion that there had been a full recovery and that no disability existed, and two medical witnesses for the employee testified that in their opinion he was still totally disabled. As will appear from the opinion in the case when it was first here (Travelers Ins. Co. v. Boyer, 102 Ga. App. 248, supra), the medical testimony of the witnesses for the employer was held to be no competent evidence of a change in condition because it appeared that after they had seen and examined the employee and thus formed their opinion as to his condition an agreement was entered into between the employer and the employee that he was totally disabled. The same situation obtains as to the medical testimony offered by the employer on the second hearing, and though the decision on the first appeal be the law of the case
In addition to the medical testimony, the employer produced two investigators who, over a period of months, had observed the employee and who testified that they had seen him working on several jobs in a manner that indicated that he was in normal,
We think that this evidence of the investigators, of employers, and the employee’s admission against interest in his job application does constitute competent evidence of a change of condition which, while not demanding the finding, authorized it. Accordingly, the superior court erred in reversing the findings and order of the board. Bussey v. Globe Indem. Co., 81 Ga. App. 401 (59 SE2d 34).
Judgment reversed.
The court was composed of seven judges when this decision ■was rendered, three of whom dissented.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.