Burkhart v. Argonaut Insurance Company

Nichols, Chief Justice.

This court granted certiorari in this workmen’s compensation case to review whether there is "a valid distinction between the board’s ability to correct a mistake of fact as to average weekly wages in a partial disability case but not in a total disability case.” The question as thus presented is whether the board has jurisdiction on a change of condition hearing under Code Ann. § 114-709 to make a new determination of any or all the facts established by the previous award other than the degree of disability suffered by the claimant.

The Court of Appeals held in South v.…