Lewis v. Maryland Casualty Co.
Lewis v. Maryland Casualty Co.
Opinion of the Court
This appeal by the widow of a deceased employee follows from an affirmance by the Superior Court of Muscogee County of a denial of compensation by the State Board of Workmen’s Compensation. That board had adopted as its own, the findings and conclusions of the administrative law judge denying compensation for lack of connection between death and employment duties. Appellant enumerates as error the upholding by the superior court of the award by the full board on the grounds the award was contrary to the evidence and erroneously failed to find that the deceased employee was in the course of his employment at the time of his death. Held:
The facts produced before the administrative law judge were that the deceased Lewis and one Moncus delivered a tractor owned by the employer to the residence of a friend of the employer. The tractor was delivered
Based upon these and other facts adduced at the hearing, the administrative law judge found ". . .that the employee was free to return home after delivering the tractor and that there is no evidence that he was on any mission for the employer at the time of his death. I, therefore, find that the employee was not in the course of his employment at the time of his accident and death.” These findings are overwhelmingly supported by the evidence of record.
Neither a superior court nor this court can substitute its judgment as to issues of fact for that of the State Board
Judgment affirmed.
Concurring Opinion
concurring specially.
I concur fully with the findings of.the majority. However, I do not agree that Continental Cas. Co. v. Weise, 136 Ga. App. 353, 354 (221 SE2d 461) is authority for the findings herein. The facts of that case are entirely different, and, in my opinion, in the Weise case the facts required that the case be remanded for further consideration by the Workmen’s Compensation Board. Here there was conflicting testimony and the board chose to rule against the claimant and I am bound by the rule which requires us to uphold the finding of a fact-finding body where there is any evidence to support its finding. Neither the superior court nor this court may substitute
Case-law data current through December 31, 2025. Source: CourtListener bulk data.