Employers Insurance of Wausau v. Bond

Full title: EMPLOYERS INSURANCE OF WAUSAU et al. v. BOND; and vice versa

Court: Court of Appeals of Georgia

Date published: Apr 20, 1978

244 S.E.2d 650 (Ga. Ct. App. 1978)

244 S.E.2d 650

Opinion

55221, 55222.

ARGUED FEBRUARY 1, 1978.

DECIDED APRIL 20, 1978.

Workmen's compensation. Clayton Superior Court. Before Judge Ison.

Swift, Currie, McGhee Hiers, Glover McGhee, for appellants.

Scott Walters, Jr., for appellee.

SMITH, Judge.

"`Findings of fact on which the award in a workmen's compensation case is based must be supported by testimony. Bituminous Cas. Corp. v. Chambers, 84 Ga. App. 295 ( 66 S.E.2d 196) [1952]. Therefore, a misstatement of significant testimony will be ground for referral back to the board of an award otherwise supported by evidence where it is possible that a proper understanding of the evidence might have caused the finder of fact to reach a different conclusion.' Aetna Ins. Co. v. Jones, 125 Ga. App. 471 ( 188 S.E.2d 180) [1972]." Blankenship v. Atlantic Steel Co., 137 Ga. App. 282, 283 ( 223 S.E.2d 479) (1976).

For the above reason, the superior court correctly returned the case to the board of workmen's compensation for further consideration, and the main appeal is therefore without merit. Also, the evidence did not demand a conclusion contrary to that reached by the board, so the superior court correctly refused to mandate such a conclusion on remand, and the cross appeal is therefore without merit.

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

SMITH, Judge.

ARGUED FEBRUARY 1, 1978 — DECIDED APRIL 20, 1978.