Curtin v. Department of Human Resources
Curtin v. Department of Human Resources
Opinion of the Court
The Workers’ Compensation Board denied an award of compensation to claimant-appellant; the superior court affirmed on review; and this appeal followed. The claimant injured her ankle in an accident which arose in and out of her employment on March 31, 1977. She was employed as a case worker in the Department of Vocational Rehabilitation. Claimant from the date of this injury to June 3,1977, lost time from her employment due
1. The board found as fact that claimant has had periodic psychiatric treatment for a number of years dating back to the 1960’s; that the ankle injury of March 31,1977, had no relationship to her subsequent disability by reason of mental illness which manifested itself in June, 1977, and forward; and that claimant’s present disability and any disability since June 3, 1977, did not arise out of and in the course of employment. These findings of fact have evidentiary support in the record and were therefore authorized. Therefore, the "any evidence” rule must apply, and affirmance is required absent any other legal reason which would cause a reversal. Sheppard, Inc. v. McGowan, 137 Ga. App. 408, 410 (224 SE2d 65).
2. Claimant while admitting that she has had a prior history of mental illness makes the argument that the ankle injury was an aggravation of a pre-existing latent mental condition and the board failed to consider it. An aggravation of a pre-existing latent infirmity is compensable. Aetna Cas. &c. Co. v. Cagle, 106 Ga. App. 440 (126 SE2d 907). However, in spite of appellant’s contentions, the board did not find any aggravation of a pre-existing latent infirmity and the evidence does not demand such a finding. Furthermore, there is no indication in the record that the board erroneously failed to consider this possibility as a basis to award compensation. This contention has no merit.
3. The claimant contends that we should reverse and direct the remand of this case to the medical board for investigation under Code § 114-819. The latter statute
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.