Legal Opinion · Concurrence

Dan River, Inc. v. Shinall

Court of Appeals of Georgia

Decided March 14, 1988No. 75211Published

1ConcurrenceDeen, Presiding Judge

While concurring fully with the majority opinion, I offer the following, additional relevant observations.

The statutory and case law of this state simply do not sanction the claimant’s compensation claim in this case. In Bullington v. Aetna Cas. &c. Co., 122 Ga. App. 842 (178 SE2d 901) (1970), compensability was not ruled out on a claim based on an employee’s having drunk himself to death because of a back injury. This writer concurred in that result then, but acknowledges now that that view was erroneous. (It is the absurd man who never changes his mind. State Farm Mut. Auto. Ins. Co. v.…

2Cases cited7 opinions

  1. Choice v. StateSupreme Court of Georgia · 1860
  2. Aetna Casualty & Surety Co. v. BullingtonSupreme Court of Georgia · 1971
  3. Grimes v. BurchSupreme Court of Georgia · 1968
  4. State Farm Mutual Automobile Insurance v. HolmesCourt of Appeals of Georgia · 1985
  5. Ellis v. O'NealSupreme Court of Georgia · 1932

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