Legal Opinion · Concurrence

Argonaut Insurance v. Burkhart

Court of Appeals of Georgia

Decided February 2, 1977No. 53258Published

1ConcurrenceDeen, Presiding Judge

1. I am concerned over this case because it points up a distinct hiatus in workmen’s compensation law. Code § 114-709 deals with hearings on change of condition, which this is not. In Williamson v. Gulf Ins. Co., 137 Ga. App. 79 (222 SE2d 885), we held that a mistake as to amount of wages in the original approved agreement could be corrected where a 709 hearing was proper. Here we have exactly the same situation except that the claimant is permanently disabled and therefore there is no change of condition. Had it been otherwise, the finding of mistake by the administrative law judge would…

2Cases cited2 opinions

  1. Arnold v. Indemnity InsuranceCourt of Appeals of Georgia · 1956
  2. Williamson v. Gulf InsuranceCourt of Appeals of Georgia · 1975

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