Legal Opinion

Barry v. Aetna Life & Casualty Co.

Court of Appeals of Georgia

Decided November 21, 1974No. 49810Published

1Opinion

On Motion for Rehearing.

Marshall, Judge.

On motion for rehearing appellee has questioned the applicability of Code § 114-408 to prior injuries (claimant’s injuries to his back) which are not specified handicaps under Code Ann. § 114-406. In other words, does Code § 114-408 apply only to Code Ann. § 114-406 injuries? Neither in American Mut. Liability Ins. Co. v. Brock, 165 Ga. 771 (142 SE 101) nor in any other case that we have found has this issue been squarely presented and decided. Most of the cases applying Code § 114-408 involve Code Ann. § 114-406 injuries. See e.g., American Mut.…

2Cases cited9 opinions

  1. General Motors Corporation v. HargisCourt of Appeals of Georgia · 1966
  2. American Mutual Liability Insurance v. BrockSupreme Court of Georgia · 1928
  3. Dunn v. Hartford Accident & Indemnity Co.Court of Appeals of Georgia · 1950
  4. Wisham v. Employers Liability Assurance Corp.Court of Appeals of Georgia · 1937
  5. Georgia Casualty & Surety Co. v. SpellerCourt of Appeals of Georgia · 1970

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