Fletcher v. Aetna Casualty & Surety Co.

Quillian, J.,

concurring specially. I concur in the majority opinion simply because I am obliged to follow the precedent set in the case of Phinese v. Ocean Accident &c. Corp., 81 Ga. App. 394 (58 S. E. 2d 921). It is my opinion that the Phinese case is decided on the wrong appraisal of the evidential facts. Where the parties enter into a solemn agreement that the claimant suffered disability to a stipulated extent, that is evidence that his disability is just what the agreement entered into between him and his employee fixes it at. The testimony of a doctor who examines the claimant after a lapse of time from the date of the agreement that he is disabled to a greater or lesser extent than at the date of agreement, to my way of reasoning definitely is competent evidence of a change in the claimant’s condition.