Home Indemnity Co. v. Tanksley
Home Indemnity Co. v. Tanksley
Opinion of the Court
1. "The settled doctrine in construing a judgment is to give it, if possible, that construction which renders it valid rather than invalid. Byrd v. Goodman, 195 Ga. 621, 631 (25 SE2d 34).” Landrum v. McGehee, 116 Ga. App. 507 (1) (157 SE2d 830). "In a workmen’s compensation case the award of compensation to the claimant is final in so far as it adjudicates that the claimant
2. It is true that disability to the body in a low percentile may yet result in permanent total economic disability. Employers Liab. Assur. Corp. v. Hollifield, 93 Ga. App. 51 (90 SE2d 681). On the other hand the board may find from facts in evidence that although the claimant is not working, the disability to work is not total. Sears, Roebuck & Co. v. Wilson, 215 Ga. 746 (113 SE2d 611). Although in that case the Supreme Court found it unnecessary to decide whether or not Wilson would be entitled to compensation for permanent partial disability under Code Ann. § 114-405, there appears no reason why in a proper case such an award should not be upheld. The claimant had in fact worked during a period of the time in question and there was ample medical testimony indicating that her disability to work was not total. In such a case the hearing director is not limited to a choice between no disability and total disability, but may find that the disability is
The judge of the superior court did not err in affirming the award of the full board.
Judgments affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.