Refrigerated Transport v. Dabney

Full title: REFRIGERATED TRANSPORT v. DABNEY

Court: Court of Appeals of Georgia

Date published: Apr 18, 1978

245 S.E.2d 24 (Ga. Ct. App. 1978)

245 S.E.2d 24

Opinion

55229.

ARGUED FEBRUARY 6, 1978.

DECIDED APRIL 18, 1978. REHEARING DENIED MAY 9, 1978.

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

Swift, Currie, McGhee Hiers, James B. Hiers, Jr., Woodson T. Drumheller, for appellant.

John H. Ridley, for appellee.

QUILLIAN, Presiding Judge.

On appeal we consider the superior court's affirmance of an award for the claimant by the State Board of Workmen's Compensation. Held:

1. While a doctor's report was not formally introduced in evidence, it was transmitted to the board and all parties contemplated that it would be used as evidence, therefore it could be considered by the board in determining the issues of the case. Hembree v. Chevrolet Motor Div., 108 Ga. App. 113, 114 ( 131 S.E.2d 859).

2. The evidence was sufficient to support the award of the State Board of Workmen's Compensation.

Judgment affirmed. Webb, J., concurs. McMurray, J., concurs in the judgment only.

QUILLIAN, Presiding Judge.

ARGUED FEBRUARY 6, 1978 — DECIDED APRIL 18, 1978 — REHEARING DENIED MAY 9, 1978.