107 Ga. App. 285 | Ga. Ct. App. | 1963
“An agreement fixing compensation between an employer and employee, approved by the Board of Workmen’s Compensation and not appealed from, is res judicata as to the matters therein determined, and the parties
As has been shown in the foregoing statement of facts, upon the hearing before the deputy director, the claimant was the only witness, and he testified without contradiction and repetitiously that his condition at the time of the hearing was in many ways much worse that it was at the time the stipulation was executed and he signed the final settlement receipt and that he was totally disabled from performing any work of the kind for which he was qualified. It is true that he did not testify as to what the cause of his disability was, but the deposition of Dr. Gibson M. Pattillo was introduced and. on that deposition Dr. Pattillo testified that in his opinion the claimant’s present disability, based on his observation of the claimant, was 100 percent and was due to the claimant’s injury of May 6, 1960. This testimony was also uncontradicted. The defendant and its insurance carrier attempted to show by questions propounded to Dr. Pattillo on cross-examination that it was his opinion that the claimant had been 100 percent disabled all along and thus to bring the case within the rule enunciated and applied in Hartford Accident &c. Co. v. Carroll, 75 Ga. App. 437, 445 (2)
The evidence thus before the deputy director when considered in connection with the previous stipulation, demanded a finding that the claimant had suffered a change in condition for the worse, that at least some of the change was due to the effects of his injury and that some additional amount of the disability from which he was suffering at the time of the hearing was caused by his injury. Keeping this in mind, the finding of the deputy director that all of the claimant’s increased disability was due to a pre-existing disease or condition not connected with his work was pure speculation and conjecture on the part of the deputy director. An award either denying or granting compensation on such basis is not authorized. U.S. Fidelity &c. Co. v. Brown, 68 Ga. App. 706 (3) (23 SE2d 443); Rucker v. Anderson, 103 Ga. App. 641 (120 SE2d 325).
Under these circumstances, the deputy director and the full board erred in denying any additional compensation and the judge of the superior court erred in affirming that award. Thompson-Weinman Co. v. Yancey, 90 Ga. App. 213, 222 (82
Judgment reversed with direction.