Legal Opinion
US CASUALTY COMPANY v. Owens
Court of Appeals of Georgia
Decided June 17, 1964No. 40721PublishedCited by 6 opinions
1Opinion of the Court
Felton, Chief Judge.
“The filing of a workmen’s compensation claim within one year after the accident, as required by Code § 114-305, is jurisdictional; but if fraud practiced by the employer or his insurance carrier prevents the employee filing his claim the statute of limitation will be tolled, provided the employee acts promptly upon discovery of the fraud. Indemnity Ins. Co. v. O’Neal, 104 Ga. App. 305, 306 (121 SE2d 689). Fraud which will relieve the bar of the statute of limitation must be such as debars or deters the plaintiff from his action. That a plaintiff fails to sue on account of…
2Cases cited4 opinions
- Indemnity Insurance Co. v. O'NEALCourt of Appeals of Georgia · 1961
- State Highway Department v. CooperCourt of Appeals of Georgia · 1961
- Fidelity & Casualty Company of New York v. BishopCourt of Appeals of Georgia · 1963
- Withers v. FulwoodCourt of Appeals of Georgia · 1953
3Cited by6 opinions
- Clinton v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1964
- Mallory v. American Casualty Co.Court of Appeals of Georgia · 1966
- BROWN TRANSPORT CORPORATION v. JamesSupreme Court of Georgia · 1979
- Harper v. L & M GRANITE CO.Court of Appeals of Georgia · 1990
- James v. Brown Transport Corp.Court of Appeals of Georgia · 1978
1 more not listed; retrieve them via the Exa API.