Opinion
43905.
SUBMITTED SEPTEMBER 6, 1968.
DECIDED SEPTEMBER 16, 1968.
Workmen's compensation. Hall Superior Court. Before Judge Kenyon.
Swift, Currie, McGhee Hiers, Glover McGhee, for appellants.
Robinson, Thompson, Buice Harben, Frank Strickland, Jr., for appellee.
The State Board of Workmen's Compensation made and the superior court affirmed an award authorizing compensation on account of a change in condition based on a finding that the claimant became partially disabled after resuming his employment following an injury at work. There was evidence that, after the claimant had resumed employment receiving his regular salary from the employer for about a year following the injury and a month's total disability, the employer terminated his employment; that physical disability from the injury continued during the employment and had not ceased at the time it was terminated; and that the claimant had been unable to work since his employment was terminated except for some intermittent odd jobs from which he earned small sums.
Disability in the workmen's compensation law means impairment of earning capacity. Sears, Roebuck Co. v. Wilson, 215 Ga. 746, 753 ( 113 S.E.2d 611); Brazier v. U.S. Fidel. c. Co., 99 Ga. App. 588, 591 ( 109 S.E.2d 309); General Motors Corp. v. Harrison, 107 Ga. App. 667, 670 ( 131 S.E.2d 234). Though there was some evidence that the claimant's employment was terminated for a reason other than his physical disability resulting from the injury, this and the other evidence did not demand a finding that the injury caused no impairment of his earning capacity.
The evidence supports an award to the claimant for partial disability.
Judgment affirmed. Bell, P. J., and Quillian, J., concur.