The BORDEN COMPANY v. Dollar

Where it affirmatively appears from the award in a workmen’s compensation proceeding that it is based upon an erroneous legal theory, the case should be remanded to the board for further findings. Wilson v. Swift & Co., 68 Ga. App. 701 (23 S. E. 2d 261). The award of the single director in this case appears to have been based on the erroneous legal theory that when a claimant in a workmen’s compensation case is shown to have been injured while driving his automobile at a greater-speed than that allowed by law he is as a matter of law and under all circumstances precluded from recovery. That…