Legal Opinion · Dissent

Knight v. Fulton Industries

Court of Appeals of Georgia

Decided March 10, 1971No. 45553Published

1DissentHall, Presiding Judge

Under the mandate of our Supreme Court, this court has consistently affirmed awards to claimants in heart attack cases under the "any evidence” rule. Thomas v. U. S. Cos. Co., 218 Ga. 493 (128 SE2d 749). The application of this neutral principle of law should be followed when the board finds for the employer as well as when it finds for the claimant.

The evidence shows that on the day of his death the employee’s only work-related activity which could be considered strenuous was climbing and descending stairs. The medical evidence also showed that, to be a competent producing cause of his heart…

2Cases cited8 opinions

  1. Southeastern Express Co. v. EdmondsonCourt of Appeals of Georgia · 1923
  2. Thomas v. United States Casualty Co.Supreme Court of Georgia · 1962
  3. Maryland Casualty Corp. v. MitchellCourt of Appeals of Georgia · 1950
  4. Gatrell v. Employers Mutual Liability Insurance CompanySupreme Court of Georgia · 1970
  5. Lee v. General Accident GroupCourt of Appeals of Georgia · 1965

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