Utica Mutual Insurance v. Allen

Quillian, Presiding Judge.

This is an appeal from a judgment of the superior court which affirmed an award of the State Board of Workers’ Compensation (changed from State Board of Workmen’s Compensation, Ga. L. 1978, pp. 2220, 2221, effective July 1, 1978) granting the claimant compensation. Held:

1. The first issue to be decided is whether the claimant’s injury arose out of and in the course of his employment.

The claimant was employed as night manager of the employer’s restaurant. At approximately 2:15 a. m. a policeman was in the restaurant and told the claimant that he had noticed that, in…