46 Ga. App. 306 | Ga. Ct. App. | 1933
The Department of Industrial Relations awarded compensation in favor of claimant R. B. Small against the NuGrape Company of America as employer, and the insurance carrier. For the reason that there is an issue as to whether there was in fact an insurance carrier, the claim as against the NuGrape Company alone will be considered in this opinion. An appeal was taken from the award of the Department of Industrial Relations to the superior court, and the judge of the superior court reversed and set aside said award. On this judgment of the superior court reversing the award of the Department of Industrial Relations the claimant assigns error.
The record discloses that Small filed his claim as an employee of the NuGrape Company of America, alleging his duties to be those of “Manager of the Americus, Georgia, Bottling Plant,” and that his injury occurred September 27, 1930. The NuGrape Company contends that Small was not an employee of the NuGrape Company, a corporation, but was an employee of the Nulcy Bottling Company of Americus, Ga., a corporation. The evidence developed by Small showed that he went to the NuGrape Company at their offices in Atlanta, applying for a position with the Nu-Grape Company. Various discussions were had with them relative to a salesman’s place or as manager of their Atlanta plant. Mr. Wood, the treasurer of the NuGrape Company, testified: “I gave my objection [to Small’s employment as salesman or as manager of the Atlanta plant]. I told him that I had a plant whereby we could employ him at the Nulcy Bottling Company at Americus,
The testimony of Small, claimant, and that of Wood for the NuGrape Company being in sharp conflict as to what company did the employing, and the Department of Industrial Eelations having determined this conflict in favor of Small, and their finding being conclusive on a question of fact, the superior court is without authority to set aside the same. The award of the department was
Judgment reversed.