56 Ga. App. 481 | Ga. Ct. App. | 1937
Upon review by the full board of the Department o£ Industrial Delations, the award of the sole director, in favor of the claimant for compensation under the workmen’s compensation act, was reversed and compensation denied. This award was affirmed by the judge of the superior court on appeal. On a review of the award of a single director the full board acts as a fact-finding body, and may reverse the award of the single director although there be some evidence to support his findings. Code, § 114-708. This court, in reviewing an award by the full board denying compensation, must accept that evidence most favorable to the employer; and if, so viewed, it authorizes an award denying compensation under the provisions of the workmen’s compensation act, it must be affirmed. So viewing the evidence in the present ease, it disclosed that the claimant, at the time of her injury, was employed by the Henry Grady Hotel Company as an elevator operator. She had no other duties. She was allowed at least one 15-minute rest period every day and some days two, according to the number of hours she worked, and during these rest periods she was at liberty to obtain water, attend to a call of nature, or to do anything else that she pleased, in or out of the building in which she worked, the only requirement being that she be back on the job at the end of fifteen minutes. During one of these rest periods, desiring to obtain some cold water to drink, she went into the basement of the hotel, and, in attempting to obtain some ice out of a machine used to crush ice, her hand was severely injured by some of its moving parts. Close by this machine was located a spigot which was connected with the circulatihg cool-water system of the hotel, which was in good working order at the time of the injury, which was in plain view, and which the claimant must have passed at least forty or fifty times since being employed there. While the rest periods were given to
Affirmed.
