Legal Opinion · Dissent

Zippy Mart, Inc. v. Fender

Court of Appeals of Georgia

Decided March 12, 1984No. 67355Published

1DissentBirdsong, Judge

This is another in the long line of difficult cases concerning the compensability under the Workers’ Compensation Act (“Act”) of injuries resulting from heart disease. The Workers’ Compensation Board (“Board”) found the claimant’s injury, a quintuple coronary artery bypass, to be compensable, and this decision was affirmed by the superior court on appeal. This majority has affirmed that judgment by applying the “any evidence” rule and by distinguishing Southwire Co. v. Cato, 250 Ga. 895 (302 SE2d 91). In my view, the award must be reversed, and I respectfully dissent from the majority’s…

2Cases cited27 opinions

  1. Hardwick v. PriceCourt of Appeals of Georgia · 1966
  2. United States Casualty Co. v. SmithSupreme Court of Georgia · 1926
  3. Guye v. Home Indemnity Co.Supreme Court of Georgia · 1978
  4. Ladson Motor Company v. CroftSupreme Court of Georgia · 1956
  5. Hoffman v. National Surety Corp.Court of Appeals of Georgia · 1955

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