Legal Opinion

Home Accident Insurance v. Daniels

Court of Appeals of Georgia

Decided February 14, 1931No. 20723PublishedCited by 26 opinions

1Opinion of the CourtJenkins, P. J.

1. Findings of fact made by tlie industrial commission within its powers are, in the absence of fraud, conclusive. Maryland Casualty Company v. England, 160 Ga. 810 (129 S. E. 75).

2. Under the Georgia statute and decisions, the test to be applied in determining whether the relationship of the parties under a contract for the performance of labor is that of employer and servant, or that of employer and independent contractor, lies in whether the contract gives, or the employer assumes, the right to control the time, manner, and method of executing the work, as distinguished from the right…

2Cases cited2 opinions

  1. Maryland Casualty Co. v. EnglandSupreme Court of Georgia · 1925
  2. Zurich General Accident & Liability Insurance v. LeeCourt of Appeals of Georgia · 1926

3Cited by26 opinions

  1. Yearwood v. PeabodyCourt of Appeals of Georgia · 1932
  2. Liberty Lumber Co. v. SilasCourt of Appeals of Georgia · 1934
  3. Banks v. Ellijay Lumber Co.Court of Appeals of Georgia · 1938
  4. Cooper v. Dixie Construction Co.Court of Appeals of Georgia · 1932
  5. Barbree v. Shelby Mutual Insurance Co.Court of Appeals of Georgia · 1962

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