Opinion
40738.
DECIDED MAY 25, 1964. REHEARING DENIED JUNE 15, 1964.
Workmen's compensation. Decatur Superior Court. Before Judge Crow.
Woodruff, Savell, Lane Williams, John M. Williams, for plaintiffs in error.
Conger Conger, Leonard H. Conger, contra.
1. Where an award of the State Board of Workmen's Compensation is supported by any evidence, no error of law appearing, it must be affirmed on appeal. Bituminous Cas. Corp. v. Wilbanks, 68 Ga. App. 631 ( 23 S.E.2d 519); Harper v. National Traffic Guard Co., 73 Ga. App. 385 (2a) ( 36 S.E.2d 842); Kell v. Bridges, 80 Ga. App. 55 (1) ( 55 S.E.2d 309); Fleming v. Fidelity Cas. Co., 89 Ga. App. 405, 406 ( 79 S.E.2d 407); Pepperell Mfg. Co. v. Mathis, 92 Ga. App. 85, 88 ( 88 S.E.2d 201); St. Paul-Mercury Indem. Co. v. Fletcher, 97 Ga. App. 429, 430 ( 103 S.E.2d 438).
2. In order to support an award for an alleged "change in condition" for the better there must be evidence that the claimant's condition has changed for the better subsequent to the previous award of the board in which the claimant's condition was adjudicated. Phinese v. Ocean Accident c. Corp., 81 Ga. App. 394 ( 58 S.E.2d 921); Fletcher v. Aetna Cas. c. Co., 95 Ga. App. 23 ( 96 S.E.2d 650); St. Paul-Mercury Indem. Co. v. Fletcher, 97 Ga. App. 429, supra.
3. In the present case the uncontradicted testimony of the claimant that his physical condition, at the time of the hearing on the change of condition was worse, coupled with the fact that there was no medical or other testimony showing any change of condition, supported the award of the board that there had not been a change for the better in claimant's condition. See Travelers Ins. Co. v. Hammond, 90 Ga. App. 595 ( 83 S.E.2d 576); General Motors Corp. v. Craig, 91 Ga. App. 239 ( 85 S.E.2d 441), and St. Paul-Mercury Indem. Co. v. Fletcher, 97 Ga. App. 429, supra. Therefore, the Superior Court of Decatur County did not err in affirming the award of the State Board of Workmen's Compensation.
Judgment affirmed. Hall and Russell, JJ., concur.
DECIDED MAY 25, 1964 — REHEARING DENIED JUNE 15, 1964.
R. L. Boyd, Flint River Mills and Consolidated Underwriters, entered into an agreement, which provided that Boyd, the claimant, suffered an injury on July 15, 1959, which injury arose out of and in the course of his employment with Flint River Mills. Claimant received compensation until June 3, 1960, at which time he returned to and continued to work until July 4, 1960, when he ceased to work claiming to be totally disabled. Later Boyd's claim for workmen's compensation was heard on February 2, 1961, and on March 17, 1961, an award was entered by the deputy director finding claimant totally disabled. This award was appealed to and affirmed by the full board and then appealed to Decatur Superior Court where it was affirmed on September 6, 1962. On March 13, 1963, a second hearing was held on an application for change in condition filed by the employer and insurance carrier. On June 13, 1963, the deputy director held that there had been no change in condition, as did the full board in affirming the deputy director on appeal to the full board. On March 12, 1964, the Decatur Superior Court affirmed the award of the full board, and it is to this judgment that the employer and insurer now except.