Legal Opinion

Employers Mutual Liability Insurance v. Anderson

Court of Appeals of Georgia

Decided October 16, 1957No. 36889PublishedCited by 9 opinions

1Opinion of the CourtTownsend, J.

1. Code § 114-306 provides in part: “The right to compensation under this Title shall be forever barred unless a claim is filed with the State Board of Workmen’s Compensation within one year after the accident.” The filing of a claim for compensation within the time limited is jurisdictional, and in the absence of a compliance with the statute, the board is without authority to grant compensation. Thomas v. Lumbermen’s Mutual Casualty Co., 57 Ga. App. 434, 436 (195 S. E. 894).

2. The burden of proof is on the claimant to show that his injury is compensable. Ocean Accident &c. Co. v. Lovern, 90…

2Cases cited4 opinions

  1. Thomas v. Lumbermen's Mutual Casualty Co.Court of Appeals of Georgia · 1938
  2. Hood v. JacksonCourt of Appeals of Georgia · 1950
  3. Campbell v. Pure Oil Co.Court of Appeals of Georgia · 1955
  4. Ocean Accident & Guarantee Co. v. LovernCourt of Appeals of Georgia · 1954

3Cited by9 opinions

  1. Holt Service Co. v. ModlinCourt of Appeals of Georgia · 1982
  2. Indemnity Insurance Co. v. O'NEALCourt of Appeals of Georgia · 1961
  3. State Highway Department v. CooperCourt of Appeals of Georgia · 1961
  4. Travelers Insurance v. HallCourt of Appeals of Georgia · 1973
  5. Chambers v. PowellCourt of Appeals of Georgia · 1972

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