Legal Opinion · Dissent

GULF AMERICAN FIRE & CASUALTY COMPANY v. Herndon

Court of Appeals of Georgia

Decided May 16, 1966No. 41738Published

1DissentFelton, Chief Judge

The full board’s stated basis for awarding benefits under Code Ann. § 114-405, as amended by Ga. L. 1949, pp. 1357, 1358; Ga. L. 1955, pp. 210, 211; Ga. L. 1963, pp. 141, 146, is that the disability which the claimant now suffers is a result of the injury to his left shoulder, which is not a part of the arm but of the body. In my opinion, the award properly should have been based upon Code Ann. § 114-406, as amended by Ga. L. 1955, pp. 210, 212; Ga. L. 1958, p. 360; Ga. L. 1963, pp. 141, 147, for partial loss of use of the arm, regardless of the matter of whether the injury was to a part of…

2Cases cited2 opinions

  1. Globe Indemnity Co. v. BrooksCourt of Appeals of Georgia · 1951
  2. Hartford Accident & Indemnity Co. v. BrennanCourt of Appeals of Georgia · 1951

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