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Department of Public Safety v. Rodgers

Court of Appeals of Georgia
Apr 19, 1979
255 S.E.2d 139 (Ga. Ct. App. 1979)

Opinion

57551, 57552.

SUBMITTED APRIL 9, 1979.

DECIDED APRIL 19, 1979.

Workers' compensation. Fulton Superior Court. Before Judge Langford.

Arthur K. Bolton, Attorney General, G. Thomas Davis, Gary R. Hurst, for appellants.

Richard R. Kirby, for appellee.


In these two workers' compensation cases, involving separate injuries and awards to the same claimant, the appellant protests the sufficiency of the evidence to support the awards of the board and affirmation of the superior court. In No. 57552 it is also asserted that the requisite notice was not given. After reviewing the record, we affirm. Even though the evidence is conflicting, or not altogether complete and satisfactory, an award must be affirmed if there is any evidence to support it. Rucker v. Universal Memorial Co., 145 Ga. App. 724, 725 ( 244 S.E.2d 584) (1978); White v. DeKalb County Bd. of Ed., 147 Ga. App. 29 ( 248 S.E.2d 60) (1978).

Claimant has moved, pursuant to Code Ann. § 6-1801, for imposition of 10% damages on the judgment based upon claimant's assertion that these appeals were taken for delay only. As above observed, the evidence was in conflict. Furthermore, the superior court, in denying claimant's motion for attorney fees, determined that the appeal to that court was properly taken. It follows that the claimant's motions for award of damages must be denied since such damages are not awarded in doubtful cases. First American Acceptance Corp. v. Wheat, 217 Ga. 1, 3 (2) ( 120 S.E.2d 330) (1961); Hartford Accident c. Co. v. Mauldin, 147 Ga. App. 230, 231 (2) ( 248 S.E.2d 528) (1978).

Judgment affirmed. Banke, P. J., and Underwood, J., concur.

SUBMITTED APRIL 9, 1979 — DECIDED APRIL 19, 1979.


Summaries of

Department of Public Safety v. Rodgers

Court of Appeals of Georgia
Apr 19, 1979
255 S.E.2d 139 (Ga. Ct. App. 1979)
Case details for

Department of Public Safety v. Rodgers

Case Details

Full title:DEPARTMENT OF PUBLIC SAFETY et al. v. RODGERS (two cases)

Court:Court of Appeals of Georgia

Date published: Apr 19, 1979

Citations

255 S.E.2d 139 (Ga. Ct. App. 1979)
255 S.E.2d 139

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