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eBook details

• Title: Contract Harvesters Et Al. v. Clark
• Author : Court of Appeals of Georgia
• Release Date : January 19, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

In this proceeding for workers' compensation benefits, the Administrative Law Judge (ALJ) found that appellee-claimant Clark sustained a compensable injury and ordered Clark's employer and its insurer, appellants Contract Harvesters and American Interstate Insurance Company, to provide income and medical benefits. The ALJ denied Clark's request for attorney fees. Upon de novo review, the award of the ALJ was made the award of the full board. Pursuant to OCGA § 34-9-105 (b), the employer appealed to the superior court which affirmed the award of the full board and further assessed attorney fees against appellants for pursuing a frivolous appeal, apparently pursuant to OCGA § 9-15-14. Appellants' application for discretionary appeal was granted by this court and a timely notice of appeal was filed. The employer and its insurer appeal from the order of the superior court affirming the award of the full board and assessing attorney fees for frivolous appeal. 1. The superior court's affirmance of the full board's award of benefits is enumerated as error on the general grounds. The findings of fact made by the members of the full board are, in the absence of fraud, conclusive and binding upon a reviewing court if there is ""any evidence"" to sustain them. Ga. Cas. Co. v. Martin, 157 Ga. 909, 915 (122 S.E. 881) (1924); OCGA § 34-9-105 (c) (4). In support of their enumeration of error, appellants point to a statement by the ALJ in her award that ""the [right rear] tire of the vehicle in which was driving blew out and caused the employee's truck to veer off the road and overturn."" (Emphasis supplied.) It is contended that this finding of fact is unsupported by any competent evidence because a photograph taken immediately after the accident on site shows that the right rear tire is still inflated. This enumeration is patently without merit.

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