Cincinnati Insurance v. Minish

Deen, Chief Judge.

1. The superior court erred in grounding the reversal upon Pacific Emp. Ins. Co. v. King, 133 Ga. App. 458 (211 SE2d 396) (1974), a case overruled in Seaboard Fire &c. Ins. Co. v. Smith, 146 Ga. App. 893, 896 (247 SE2d 607) (1978). Both these cases dealt with a construction of Code § 114-709 as amended in 1972 and 1973, and the same situation applies to the facts of this case. At the time of these accidents a provision for retroactive determinations of disability had been added to the Code section. The King case held that the employer could not force the claimant to repay…