Outler v. Southern Bell Telephone & Telegraph Company

Shulman, Judge.

This is an appeal from the superior court’s affirmance of the State Board of Workers’ Compensation order denying appellant’s application for an award based on his "change in condition.” See Code Ann. § 114-709. We reverse.

Since the board’s conclusions of law were based on the then proper, but since declared erroneous, legal theory that claimant could only recover upon a showing that his physical condition had worsened (see Hartford Acc. &c. Co. v. Bristol, 242 Ga. 287 (248 SE2d 661)), the board’s determination and the superior court’s affirmance must be reversed.

The fact that…