Legal Opinion

Indemnity Insurance Co. v. O'NEAL

Court of Appeals of Georgia

Decided September 6, 1961No. 38897PublishedCited by 21 opinions

1Opinion of the Court

Eberhardt, Judge.

It is well settled that the filing of a claim for compensation within the time required by Code § 114-305 with the State Board of Workmen’s Compensation is jurisdictional, and unless it be shown that some fraud was practiced upon the employee that prevented his filing within the statutory time, the claim is barred. Employers Mut. Liab. Ins. Co. v. Anderson, 96 Ga. App. 509 (1) (100 SE2d 611); Patterson v. Employer’s Mut. Liab. Ins. Co., 99 Ga. App. 325 (108 SE2d 146).

If it be shown that fraud was practiced upon the employee by the employer, or his insurance carrier, and that…

2Cases cited4 opinions

  1. Department of Revenue v. GrahamCourt of Appeals of Georgia · 1960
  2. Welchel v. American Mutual Liability InsuranceCourt of Appeals of Georgia · 1936
  3. Employers Mutual Liability Insurance v. AndersonCourt of Appeals of Georgia · 1957
  4. Patterson v. Employer's Mutual Liability InsuranceCourt of Appeals of Georgia · 1959

3Cited by21 opinions

  1. Howard Sheppard, Inc. v. McGowanCourt of Appeals of Georgia · 1976
  2. Mallory v. American Casualty Co.Court of Appeals of Georgia · 1966
  3. Hartford Accident & Indemnity Co. v. SnyderCourt of Appeals of Georgia · 1972
  4. BROWN TRANSPORT CORPORATION v. JamesSupreme Court of Georgia · 1979
  5. Lockhart v. Liberty Mutual InsuranceCourt of Appeals of Georgia · 1977

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