Neal v. Insurance Co. of North America
Neal v. Insurance Co. of North America
Opinion of the Court
This is the third appeal by this employee in contesting the validity of a modification of an award rendered in her favor for injuries sustained September 17, 1967. The previous opinions are reported as Neal v. Ins. Co. of N. A., 125 Ga. App. 152 (186 SE2d 552) and Neal v. Howard Johnson, Inc., 126 Ga. App. 560 (191 SE2d 350) cert. denied by Georgia Supreme Court and thereafter by United States Supreme Court (411 U. S. 971). The attack is made via an application for judgment in the superior court filed in compliance with Code § 114-711. Her present contention is that she is entitled to payment of the maximum amount under Code § 114-404 for total
A complicating factor was the employee’s refusal at one time to comply with a directive from the board requiring her to disclose interim earnings during which compensation payments had been suspended. Such procedure is within the board’s powers. See Hopper v. Continental Ins. Co., 121 Ga. App. 850, 851 (2) (176 SE2d 109).
The trial court’s judgment recites that the insurer had made tender on two occasions, the last in open court, of the correct amount owed under the award which had previously been affirmed by this court. These tenders were rejected. Accordingly, the employee is not entitled to interest after the date of the rejection. See Washington Exchange Bank v. Smith, 23 Ga. App. 356 (98 SE 418); Crocker v. Green, 54 Ga. 494.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.