United States Fidelity & Guaranty Co. v. Hammock
United States Fidelity & Guaranty Co. v. Hammock
Opinion of the Court
The employer and the insurer appeal from an order of the Fulton Superior Court reversing and remanding claimant’s workmen’s compensation claim to the State Board of Workmen’s Compensation with direction that it "review anew the evidence in the case, making findings of fact as to whether the employee during the course and scope of his employment with the defendant-employer
Prior to the order of the superior court, the Medical Board of the State Board of Workmen’s Compensation, after reviewing extensive medical testimony, gave its opinion that the claimant "has a certain degree of chronic lung disease, most probably in the form of generalized pulmonary emphysema, but the [medical] board is unable to conclude that he has a pulmonary asbestosis, either clinically or by x-ray examination.” The medical board went on to state its opinion that the claimant was not entitled to compensation under Code Ann. § 114-812. Subsequently, additional medical testimony was submitted to the medical board, but did not cause any modification of its findings or opinion.
The deputy director found as a matter of fact that the claimant had failed "to carry the burden of proof to show that he is disabled as the result of asbestosis as alleged in his claim and that based on the opinion of the Medical Board and their findings” the claim was denied. This award was affirmed by the State Board of Workmen’s Compensation and adopted as its award.
The case was then remanded with direction that the medical board be reconvened to allow the conclusion of interrogation by the claimant’s counsel. No change in award resulted from this remand. Subsequently, the case was remanded again with direction that the board review the evidence and make findings of fact as to whether the claimant sustained an accidental injury within the meaning of Code Ann. § 114-102. It is the findings of fact and award made pursuant to this order that form the basis of the remand which resulted in this appeal. The findings of fact and award made by the State Board of Workmen’s Compensation which were reversed by the superior court and remanded are: "a. That the exposure to asbestos particles at the place of employment during the period the claimant was working for the defendant
The evidence showed that the claimant was employed by United States Asbestos, Division of Raybestos-Manhattan as a brake shoe grinder from 1957 or 1958 to 1966, at which time he and other workers went out on strike. When the strike was over, the claimant did not return to work, but did work some as a carpenter and operate a small fruit/vegetable stand. Prior to leaving his employer, the claimant collected a bag of dust from the brake shoe grindings, which was later turned over to his lawyer and then subjected to chemical analysis. The analysis was performed by Law and Company under the direction and supervision of Mr. Dan. L. Henry, a consultant in analytical chemistry and an expert in that field, who testified as to the analysis of the dust collected by the claimant previously referred to. As a part of his testimony, Mr. Henry stated that asbestos was present in the sample that was analyzed, and that silica was present in the sample that was analyzed; that serpentine is a synonym for asbestos, and quartz is a synonym for silica; that there is no quartz in asbestos at all (R. 83). The witness further explained, "There is a term used by the chemist when he is trying to depict to others the silicone present in a sample, no matter how it is combined. He
The superior court correctly remanded the case to the State Board of Workmen’s Compensation for a review of the evidence and additional findings of fact.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.