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Colbert v. Fireman's Fund Insurance Company

Court of Appeals of Georgia
Sep 8, 1965
144 S.E.2d 470 (Ga. Ct. App. 1965)

Opinion

41372.

ARGUED JUNE 8, 1965.

DECIDED SEPTEMBER 8, 1965.

Workmen's compensation. DeKalb Superior Court. Before Judge Dean.

Fincher Goggins, James O. Goggins, for plaintiff in error.

Smith, Ringel, Martin Lowe, Williston C. White, contra.


Where a claimant was given an award for partial incapacity under Code § 114-405, as amended by the Acts of 1949 and 1955 (Ga. L. 1949, pp. 1357, 1358; Ga. L. 1955, pp. 210, 211), the injuries having occurred prior to the Act of 1963 (Ga. L. 1963, pp. 141, 146; Code Ann. § 114-405) raising the maximum compensation from $20 per week to $30 per week, but no finding or determination was made as to the percentage of loss of capacity to work or the average weekly wages which the claimant was able to earn thereafter upon which to base the amount of compensation to which the claimant was entitled under the award, it was not error for the judge of the superior court to refuse to enter a judgment for unpaid compensation thereunder against the employer and insurance carrier upon application for judgment under Code § 114-711.

Judgment affirmed. Nichols, P. J., and Eberhardt, J., concur.

ARGUED JUNE 8, 1965 — DECIDED SEPTEMBER 8, 1965.


Summaries of

Colbert v. Fireman's Fund Insurance Company

Court of Appeals of Georgia
Sep 8, 1965
144 S.E.2d 470 (Ga. Ct. App. 1965)
Case details for

Colbert v. Fireman's Fund Insurance Company

Case Details

Full title:COLBERT v. FIREMAN'S FUND INSURANCE COMPANY et al

Court:Court of Appeals of Georgia

Date published: Sep 8, 1965

Citations

144 S.E.2d 470 (Ga. Ct. App. 1965)
144 S.E.2d 470

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