52 Ga. App. 142 | Ga. Ct. App. | 1935
1. Wliere the Department of Industrial Relations under the workmen’s compensation act makes an award in favor of the claimant for compensation payable in a certain amount weekly during disability, the superior court has no authority or jurisdiction, on an appeal from the award, to render a final judgment for a lump sum in favor of the claimant and against the employer and the insurance carrier, in full and final settlement of the claim, in pursuance of the agreement of the parties not approved by the Department of Industrial Relations. Department of Industrial Relations v. Travelers Ins. Co., 177 Ga. 669 (170 S. E. 883).
(a) The original judgment of the superior court, setting aside the award of the Department of Industrial Relations, being valid, without any writ of error therefrom by any party at interest, the award did not exist at the time of the claimant’s instant application for further compensation thereunder. Accordingly, irrespective of the reasons assigned by the department for denying such compensation, it did not err in such denials, and the superior court properly affirmed its decision.
(h) Moreover, even if the entire original order by the superior court could be taken as invalid, so as to leave of force the original award, the procedure taken by the claimant was not proper under the compensation act, and the further award sought from the Department of Industrial Rela
Judgment affirmed.