Wright v. American Mutual Liability Insurance
Wright v. American Mutual Liability Insurance
Opinion of the Court
The board of workmen’s compensation found that claimant’s eye condition was not caused by an accident arising out of and in the course of his employment. The denial of compensation was affirmed by the trial court and appeal followed. Held:
1. The testimony of an eye specialist in response toa hypothetical question, based on the findings and diagnosis testified to by another doctor, was admissible and not subject to the objections urged. Code § 38-1710. See Southern Bell Tel. &c. Co. v. Jordan, 87 Ga. 69 (3) (13 SE 202); Mayor &c. of Jackson v. Boone, 93 Ga. 662 (1) (20 SE 46); Yates v. State, 127 Ga. 813, 817 (4) (56 SE 1017); Park v. State, 82 Ga. App. 556, 557 (61 SE2d 689); Tompkins v. West, 123 Ga. App. 459 (1) (181 SE2d 549).
However, even if the proffered evidence was objectionable, the findings of fact show the award was predicated on testimony given by the doctor who did examine the claimant. Where an award is not based upon an erroneous legal theory and there is competent evidence to sustain it, the improper admission of evidence is not a ground for reversal. Zurich Ins. Co. v. Zerfass, 106 Ga. App. 714, 719 (128 SE2d 75). Accord, Cobb v. Pacific Employers Ins. Co., 125 Ga. App. 546 (2) (188 SE2d 263).
2. "An award of the State Board of Workmen’s
Accordingly, the trial judge did not err in holding that the facts found by the full board supported the order and there was sufficient competent evidence to sustain the order.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.