Opinion
45438.
SUBMITTED JULY 7, 1970.
DECIDED SEPTEMBER 8, 1970.
Workmen's compensation. Bartow Superior Court. Before Judge Davis.
John D. Edge, for appellant.
George W. Mullins, Jr., for appellees.
1. "Findings of fact made by a Director of the State Board of Workmen's Compensation or by the full board upon an appeal, when supported by any competent evidence are, in the absence of fraud, conclusive on the courts and such findings will not be set aside in the absence of errors of law. Bituminous Casualty Co. v. Wilbanks, 68 Ga. App. 631, 636 ( 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).
2. "[I]t was not only within the power, but was the duty of the board to pass on the competency of the claimant to file [her] claim ( Kell v. Bridges, 77 Ga. App. 424, 48 S.E.2d 780), ... and the evidence having authorized the finding by the board that the claimant's mental and physical condition subsequently to the date [she] claimed [she] was injured was not such as to prevent [her] from filing a claim with the board within one year from such date as provided by § 114-305 of the Code, and that the claimant's claim for compensation was barred by the statute of limitations for failure to file [her] claim within one year from the date of the alleged accident, the judge of the superior court did not err in denying the appeal and affirming the award of the board." Kell v. Bridges, 80 Ga. App. 55 (2) supra. See also Royal Indem. Co. v. Agnew, 66 Ga. App. 377 ( 18 S.E.2d 57); Kell v. Bridges, 77 Ga. App. 424 (2) ( 48 S.E.2d 780); McDonald v. Travelers Ins. Co., 81 Ga. App. 614 ( 59 S.E.2d 537).
3. Assuming, without deciding, that the claim here was based upon an occupational disease and assuming, without deciding, that the competency of the claimant as to the filing of a claim under such circumstances was ordinarily a matter for determination by the Medical Board under Code Ann § 114-819, the evidence as to the medical questions here, that is, the competency of the claimant, was not in conflict, and under these circumstances the State Board of Workmen's Compensation had jurisdiction to make award without committing this case to the Medical Board. Burton v. Aetna Casualty c. Co., 115 Ga. App. 112 ( 153 S.E.2d 734).
Judgment affirmed. Jordan, P. J., and Eberhardt, J., concur.