Employers Liability Assurance Corp. v. Whitlock

After careful consideration of the record in this case and the authorities which I deem to be controlling, I must dissent from the judgment of affirmance and from the rulings made in the opinion. It is fundamental that in a workmen’s compensation case the burden is upon the claimant in the first instance to show all of the essential facts necessary to entitle him to compensation. Johnson v. St. Paul-Mercury Indem. Co., 89 Ga. App. 1 (78 SE2d 262); Rivers v. Travelers Ins. Co., 93 Ga. App. 779 (1) (92 SE2d 818); Dept, of Revenue v. Graham, 102 Ga. App. 756, 758 (2) (117 SE2d 902). Where an…