Continental Casualty Co. v. Weise

Stolz, Judge.

Claimant appealed an adverse award of the deputy director to the State Board of Workmen’s Compensation. In its findings of fact the full board found from the *354evidence "that the claimant did not experience an accident or compensable injury on or about July 2, 1973, arising out of and in the course of her employment, either by reason of a traumatic incident on or about that date, or by reason of the cumulative effect of the conditions under which she worked.” The full board entered an award denying the claim for compensation unanimously. The Superior Court of DeKalb County reversed the full board, holding its award was based on an erroneous legal theory, in that the law set out in Thomas v. Ford Motor Co., 123 Ga. App. 512, 514 (181 SE2d 874) was not followed. That portion of Thomas, supra, relied on by the DeKalb Superior Court is, "It is well settled that the aggravation of a pre-existing infirmity, whether congenital or otherwise, is compensable. [Cits.] It is also well settled that where a disability results which is objectively physiologically ascertainable, it is compensable although the onset of disability is imperceptible from day to day, and there is no one 'accident’ at a specifiable time and place to which the result may be attributable.” This is sound law. However, as is also noted in Thomas (p. 514), contradictory evidence can authorize the denial of compensation (see also Phillips v. Royal Indem. Co., 93 Ga. App. 263 (91 SE2d 304)), as can the impeachment of the claimant (see also Grooms v. Pacific Employers Ins. Co., 94 Ga. App. 865 (96 SE2d 525)).

In its findings of fact, the full board "considered significant” that claimant’s physician, who had treated her since 1967, "failed to record any history from claimant or render any treatments to claimant on the basis of accidental injury, until August 17, 1974, when the claimant informed him she had applied for workmen’s compensation benefits,” and that claimant had provided a group insurer "with a statement eliminating accident as a basis for claim” (for group benefits). Held:

Neither the Superior Court of DeKalb County nor this court can substitute its judgment as to issues of fact for that of the State Board of Workmen’s Compensation. We are not authorized to do so by statute (Code Ann. § 114-710) and it has been so held countless times. See annotations under Code Ann. § 114-710, catchwords *355"conclusiveness of findings.” If there is any evidence in the record to support them, the findings and award of the State Board of Workmen’s Compensation must be affirmed. In this case, the State Board of Workmen’s Compensation found, "The claimant’s ultimate disability was the result of a general physical condition complicated by female problems . . . [that] any incapacity to work . . . was the result of pre-existing medical conditions not resulting from work-connected activities, and not aggravated by work-connected activities.” (R. 193). The full board concluded that the claimant did not experience an accident or compensable injury arising out of and in the course of her employment, either by reason of a traumatic incident on or about July 2,1973, or by reason of the cumulative effect of the conditions under which she worked. There is evidence in the record to substantiate these conclusions. There is also evidence which would support a finding for the claimant. It is the duty of the deputy director and the full board to determine the issues of fact. Code Ch. 114-7. Once this determination is made, it is "conclusive and binding as to all questions of fact. ” (Emphasis supplied.) Code Ann. § 114-710. We equally apply the "any evidence” rule to claimants as well as to employers.

Argued May 21, 1975 Decided September 24, 1975 Gambrell, Russell, Killorin, Wade & Forbes, Edward W. Killorin. Jack O. Morse, for appellants. Jack Borsey, for appellee.

The judgment of the Superior Court of DeKalb County is reversed with direction that the award of the State Board of Workmen’s Compensation be affirmed.

Judgment reversed.

Bell, C. J., Pannell, P. J., Quillian, Clark, Webb and Marshall, JJ, concur. Been, P. J., and Evans, J., dissent.