Legal Opinion

Samples v. Liberty Mutual Insurance

Court of Appeals of Georgia

Decided February 2, 1959No. 37450PublishedCited by 3 opinions

1Opinion of the Court

Quillian, Judge.

1. It has long been axiomatic that for an accidental injury to be compensable under the terms of the Workmen’s Compensation Act, it is encumbent upon the injured employee, where his claim for compensation is controverted by the employer, to establish that the accidental injury sustained “arose out of and in the course of his employment,” and

2. The terms “arose out of” and “in the course of” the employment are not synonymous. Both must concur, and this concurrence must be established by adequate proof, to render the injury compensable. Francis v. Liberty Mutual Ins. Co., 95 Ga.…

2Cases cited8 opinions

  1. Ladson Motor Company v. CroftSupreme Court of Georgia · 1956
  2. Glens Falls Indemnity Co. v. SockwellCourt of Appeals of Georgia · 1938
  3. Francis v. Liberty Mutual InsuranceCourt of Appeals of Georgia · 1957
  4. Smith v. United States Fidelity & Guaranty Co.Court of Appeals of Georgia · 1956
  5. Continental Casualty Co. v. WeemsCourt of Appeals of Georgia · 1939

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Crawford W. Long Hospital v. MitchellCourt of Appeals of Georgia · 1959
  2. Rampley v. Travelers Insurance Co.Court of Appeals of Georgia · 1977
  3. Thane v. Maryland Casualty Co.Court of Appeals of Georgia · 1959

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