56 Ga. App. 880 | Ga. Ct. App. | 1937
Lead Opinion
1. Where, on the hearing of a claim for compensation before a director of the Department of Industrial Relations, it appears from the evidence that the alleged accident which was the basis of the claim for compensation occurred on July 17, 1934, and that the claimant, on July 9, 1935, “filed” his claim with the Department of Industrial Relations, and at that time a person with whom the claimant talked at the department stated to him that if he did not file his claim within twelve months the employer could stop his pay, that “a man has not got a chance after twelve months if he don’t file his claim,” and that (addressing the claimant) “you can file it, and we will hold it for you, and then if they cut you off you can call a hearing,” and that “they [meaning the people at the Department of Industrial Relations] would not call a hearing, they would file it, and would not call a hearing until” the claimant “requested one,” the inference is authorized that the claimant deposited the claim with the Department of Industrial Relations within one year from the accident, but at the time gave instructions that further proceedings by the Department of Industrial Relations be held back, and that notice of the filing of the claim would not be given to the
2. The director of the Department of Industrial Eelations did not err in finding that after the claimant had filed the claim with the department on July 9, 1935, at his own request and direction the claim was withheld from the employer until January 3, 1936, which was more than a year after the date of the accident. Under the facts as found by the director the claim, under section 25 of the workmen’s compensation act (Code, § 114-305), was barred because it was not filed with the Department of Industrial Eelations within a year after the accident. The evidence authorized the finding by the director denying compensation. The full board did not err in affirming the award of the director, and the judge of the superior court did not err in overruling the appeal and affirming the finding of the Department of Industrial Eelations. Judgment affirmed.
Dissenting Opinion
dissenting. The above expresses the ruling of the majority of the court. I dissent therefrom. The following expresses my views of the case: W. W. Poster filed a claim for compensation against the First National Bank of Atlanta, for personal injuries alleged to have been received by him on July 17, 1934, while lifting and moving steel cages, which injury it was claimed arose out of and in the course of Foster’s employment with the bank. It appears from the testimony of the manager of the bank that on July 30, 1934, Foster notified him of the injury, but made no “claim.” On August 9, 1934, the bank notified the Department of Industrial Eelations of the accident. This notice was filed within thirty days of the alleged date of the accident. It also appears from the evidence, and the director of the Department of Industrial Eelations who heard and passed on the claim so found, that the claimant filed his claim with the
There appears nowhere in the record any evidence that the claimant Foster, or any one for him, notified or requested any one to withhold the claim or notice of the claim from the bank as found by the director. The director's recital of the evidence as to this is as follows: “I wish to call attention to the fact that Mr. Foster claims that he was injured on July 17, 1934; that he never filed any claim for compensation until July 9, 1935. Even as late as January, 1936, there is a notation on Mr. Foster’s claim for compensation, made by Miss Henderson, the claim clerk, in the following words: ‘ Hold for notice from claimant. O’kayed 1/3/36."' It does not appear from this finding of fact by the director that the claimant or any one in his behalf gave any notice
The evidence therefore was insufficient to authorize the finding that the claim was barred by reason of not having been filed within a year after the accident. The evidence adduced was sufficient to