American Mutual Liability Insurance v. Chandler
American Mutual Liability Insurance v. Chandler
Opinion of the Court
“That an employee has suffered an "injury compensable under the terms of the Workmen’s Compensation Act may be conclusively established by an agreement filed with and approved by the compensation board, Code § 114-706, or by an award of the board after hearing evidence, Code §§ 114-706— 114-708. Regardless of which of these two methods is employed, it is a decision or judgment of the compensation board which must be complied with until it is superseded by a new award. Home Accident Ins. Co. v. McNair, 173 Ga. 566 (1b) (161 SE 131); Lumbermen’s Mut. Cas. Co. v. Cook, 195 Ga. 397 (24 SE2d 309). Until it is so changed or modified in the manner and way provided by the compensation Act, it has the same force and effect as the decision or judgment of any other tribunal known
Rule 17 of the State Board of Workmen’s Compensation provides in part as follows: “Compensation cannot be discontinued after an award has been made or an agreement between the parties approved until the full award has been paid. In case the award is made during disability, such disability is presumed to last until the employee returns to work. However, in the event the insurance carrier or employer desires to stop payment of compensation, the insurance carrier or employer must file an application to discontinue the payment of compensation setting forth the reasons and serve notice upon the employee, or file an Application for Hearing with the Board. Upon the request to discontinue the payment of compensation, the Board may issue notice allowing the insurance carrier to stop payment of compensation and will place the case on the calendar for hearing if necessary. An Application for Hearing, except the application for a lump sum award, automatically allows the insurance carrier to stop the payment of compensation until the question at issue has been adjudicated. In the event application is made for hearing on the ground of a change of condition, the application must state specifically the nature and extent of the alleged change in condition. Every Approval of Agreement will be treated as an award.”
It is clear that the application for hearing filed by the employer on October 10, 1963, was not based on change in
This application did not allege that the employee had undergone a change in condition and state the nature and extent of same, and the award entered after a hearing pursuant thereto merely authorized the employer to cease payment of compensation because of the fact that the employee had returned to work at an average weekly wage higher than at the time of injury as alleged in the application for hearing, and did not adjudicate that there had been a change in the physical condition of the employee.
Under our interpretation of this rule, it is apparent that if the employer desires to terminate or alter his liability under the original award, as distinguished from a request or application merely to discontinue payment of compensation, an application for hearing based on a change in condition must be made, specifically stating the nature and extent of such alleged change in condition. A simple allegation and showing that the employee has returned to work at a wage equal to or greater than when injured, standing alone, is insufficient to authorize and support a hearing and award based on change in the employee’s physical condition.
Accordingly, since the original approved agreement was conclusive on the parties as to the disability of the employee until superseded by a new award based on change in condition (Home Accident Ins. Co. v. McNair, 173 Ga. 566 (1b), supra; Lumbermen’s Mut. Cas. Co. v. Cook, 195 Ga. 397, 400, supra; Sears, Roebuck & Co. v. Wilson, 215 Ga. 746 (113 SE2d 611); Guess v. Liberty Mutual Ins. Co., 219 Ga. 581, supra), and since the
The majority of the full board in its award properly held that the burden of proof was upon the employer to show a change in the claimant’s condition and such award was not erroneous for any reasons assigned. The superior court did not err therefore in affirming the award.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.