Liberty Mutual Insurance Company v. Simpson

Felton, Chief Judge.

1. “Where it affirmatively appears from the award in a workmen’s compensation proceeding that it is based upon an erroneous legal theory, the case should be remanded to the board for further findings.” Borden Co. v. Dollar, 96 Ga. App. 489, 490 (100 S. E. 2d 607).

2. The award in this case was based on an erroneous legal theory that the board had jurisdiction to- set aside a previous agreement and grant of compensation allegedly procured by fraud and to decide that the injury sustained did not arise out of and in the course of employment as stipulated in the settlement…