8 S.E.2d 715 | Ga. Ct. App. | 1940
1. On review of an award by a director of the Industrial Board, the full board acts as a fact-finding body and may reverse the award of the director, although there be some evidence to support his finding. In reviewing an award by the board denying compensation, this court must affirm the award of the board if the evidence is sufficient to authorize the award denying compensation. *563
2. The only question involved in the present case being whether or not there had been a change in the condition of the claimant, justifying his refusal to accept employment from the employer, and there being evidence authorizing the award of the board denying compensation on the ground that there had been no change in condition, the judge erred in vacating the award of the board.
On the review of an award by a director of the Industrial Board the board acts as a fact-finding body and may reverse the award of a single director, although there be some evidence to support the finding of the director. In reviewing an award by the board denying compensation, this court must affirm the award of the board if the evidence favorable to the employer is sufficient to authorize the award denying compensation. Austin v. GeneralAccident c. Cor.,
There was testimony on behalf of the claimant, that he had a broken neck as a result of his injury, before which time he had always been healthy and strong, and was a willing and industrious worker, but now at home could do only such light work as carrying a bucket of water, and could not stoop and pick up anything, and *565 sometimes his jaws would lock, and at times his body would become stiff while he was sitting at a table. An orthopedic surgeon testified, that the claimant was totally disabled, could not safely attempt to pick up things or do the work offered him; that if he stooped he might flex his head and break his neck in such a way as to cause his death; that it would even be dangerous for him to walk the streets; that without the aid of an x-ray examination he could not tell whether or not the bones of his neck were becoming absorbed, but if absorption took place it would be likely to produce meningitis, or the bones give way and the head fall suddenly and the neck be broken, and if he attempted to work he might suddenly flex his head down and snap a vertebra. He testified, however, that he did not think that there had been any change in the claimant's condition since his testimony which was given in the hearing on the previous application for compensation, but that he then also thought the claimant was totally disabled and should not attempt to work. Two other doctors who testified in the previous hearing, when compensation was denied because of the refusal of the claimant to work, testified to the effect that the claimant's condition had not changed since the previous award, and that there was no causal connection between the original injury and the spell that the claimant suffered on May 4, 1938, while at work. One of these, an eye specialist, testified that there was no disability as to the claimant's eyes, and no condition which would prevent him from performing the work offered by the employer. The other doctor testified that in his opinion the condition of the claimant, as to inability to work, was subjective or neurotic, encouraged by his father who was taking care of the claimant and his family; and that in fact he was able to do light selective work, and could do so if he would properly attempt to do it, although it would be awkward at first. The plaintiff admitted that he drove his father's automobile to the hearing, and that he was accustomed to drive it at other times.
The above evidence, while conflicting, was sufficient to authorize the finding of the board and their award denying compensation, on the ground that there had been no change in the condition of the claimant since the previous award, and that he was able to perform the work offered by the employer. Consequently the judge of the superior court was without authority to disturb the board's *566 finding, and erred in rendering judgment vacating that finding and sustaining the award of the deputy director.
Judgment reversed. Stephens, P. J., and Felton, J., concur.