Georgia Court of Appeals, 1976

Aetna Fire Underwriters Insurance v. Mitchell

Aetna Fire Underwriters Insurance v. Mitchell
Georgia Court of Appeals · Decided November 10, 1976 · Stolz
140 Ga. App. 406; 231 S.E.2d 153; 1976 Ga. App. LEXIS 1497

Aetna Fire Underwriters Insurance v. Mitchell

Opinion of the Court

Stolz, Judge.

In this workmen’s compensation case, the appellee was originally injured on January 8, 1971, and received *407compensation through October 1973. At the hearing which is the subject of this appeal, the appellee was found to have suffered a change of condition, becoming totally incapacitated to work beginning December 10, 1974. She was, therefore, awarded compensation for the then-existing statutory maximum of 400 weeks. Both the appellee and the appellant insurer and employer stipulate that the award did not take into consideration compensation already awarded for 138 weeks, and the same should be deducted from the 400-week award. Therefore, we remand this case for action by the board in accordance herewith.

Submitted November 1, 1976 Decided November 10, 1976. Saveli, Williams, Cox & Angel, John M. Williams, Cullen Hammond, for appellants. E. Lamar Gammage, Jr., for appellee.

Judgment reversed and remanded.

Bell, C. J., and Clark, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.