7 Georgia opinions name it 2 courts 1928–1977 0 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Globe Indemnity Co. v. Lankfordgreen2 sentences1940As stated in Home Accident Insurance Co. v. McNair, supra, “It is not the purpose of section 45 of this act [Code § 114-709] to abolish entirely the doctrine of res adjudicata; but it was intended to relieve the parties from this doctrine in the particular instances named therein,” one of which is “a change in the condition of the employee.” In that case the court approved the ruling of the Court of Appeals in South v. *129 Indemnity Insurance Co., 39 Ga. App. 47 (3) ( 146 S. E. 45 ) : “Upon an application for such review, the essentials leading up to the award are to be taken as res judicata, 1940As stated in Home Accident Insurance Co. v. McNair, supra, “It is not the purpose of section 45 of this act [Code § 114-709] to abolish entirely the doctrine of res adjudicata; but it was intended to relieve the parties from this doctrine in the particular instances named therein,” one of which is “a change in the condition of the employee.” In that case the court approved the ruling of the Court of Appeals in South v. *129 Indemnity Insurance Co., 39 Ga. App. 47 (3) ( 146 S. E. 45 ) : “Upon an application for such review, the essentials leading up to the award are to be taken as res judicata, | 1 | 4 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McLeod v. Jordan
green
2 sentences1977Co. of N. A., 39 Ga. App. 47 (3) ( 146 SE 45 ) (1928), that: "Under section 45 [now § 114-709] of the workmen’s compensation act, on application of any party at interest 'on the ground of a change in condition, the industrial commission may at any time review any award or any settlement made between the parties and filed with the commission, and, on such review, may make an award ending, diminishing, or increasing the compensation previously awarded.’ Upon an application for such review, the essentials leading up to the award are to be taken as res judicata, but the physical condition of the e 1940In its opinion the Court of Appeals cited Some Accident Insurance Co. v. McNair, 173 Ga. 566 ( 161 S. E. 131 ), where approval was given to the following language in South v. Indemnity Insurance Co., 39 Ga. App. 47 (3) ( 146 S. E. 45 ) : “Upon an application for such review, the essentials leading up to the award are to be taken as res judicata, but the physical condition of the employee remains open to inquiry.” This rule was properly applied in both of those cases, for the reason that in both an amount of compensation had been awarded to the employee. | 5 | 1933–1977 |
South v. Indemnity Insurance Co. of North America
neutral
2 sentences1977Co. of N. A., 39 Ga. App. 47 (3) ( 146 SE 45 ) (1928), that: "Under section 45 [now § 114-709] of the workmen’s compensation act, on application of any party at interest 'on the ground of a change in condition, the industrial commission may at any time review any award or any settlement made between the parties and filed with the commission, and, on such review, may make an award ending, diminishing, or increasing the compensation previously awarded.’ Upon an application for such review, the essentials leading up to the award are to be taken as res judicata, but the physical condition of the e 1940In its opinion the Court of Appeals cited Some Accident Insurance Co. v. McNair, 173 Ga. 566 ( 161 S. E. 131 ), where approval was given to the following language in South v. Indemnity Insurance Co., 39 Ga. App. 47 (3) ( 146 S. E. 45 ) : “Upon an application for such review, the essentials leading up to the award are to be taken as res judicata, but the physical condition of the employee remains open to inquiry.” This rule was properly applied in both of those cases, for the reason that in both an amount of compensation had been awarded to the employee. | 4 | 1933–1977 |
Gravitt v. Georgia Casualty Co.
green
2 sentences1977Gravitt v. Georgia Casualty Co., 158 Ga. 613 ( 123 SE 897 ); Globe Indemnity Co. v. Lankford, 35 Ga. App. 599 ( 134 SE 357 ).” This court and the Court of Appeals have consistently followed this holding with the exception of Williamson v. Gulf Ins. 1977Gravitt v. Georgia Casualty Co., 158 Ga. 613 ( 123 SE 897 ); Globe Indemnity Co. v. Lankford, 35 Ga. App. 599 ( 134 SE 357 ).” This court and the Court of Appeals have consistently followed this holding with the exception of Williamson v. Gulf Ins. | 3 | 1928–1977 |
Home Accident Insurance v. McNair
green
2 sentences1940In its opinion the Court of Appeals cited Some Accident Insurance Co. v. McNair, 173 Ga. 566 ( 161 S. E. 131 ), where approval was given to the following language in South v. Indemnity Insurance Co., 39 Ga. App. 47 (3) ( 146 S. E. 45 ) : “Upon an application for such review, the essentials leading up to the award are to be taken as res judicata, but the physical condition of the employee remains open to inquiry.” This rule was properly applied in both of those cases, for the reason that in both an amount of compensation had been awarded to the employee. 1940In its opinion the Court of Appeals cited Some Accident Insurance Co. v. McNair, 173 Ga. 566 ( 161 S. E. 131 ), where approval was given to the following language in South v. Indemnity Insurance Co., 39 Ga. App. 47 (3) ( 146 S. E. 45 ) : “Upon an application for such review, the essentials leading up to the award are to be taken as res judicata, but the physical condition of the employee remains open to inquiry.” This rule was properly applied in both of those cases, for the reason that in both an amount of compensation had been awarded to the employee. | 1 | 1940–1940 |