Davis v. Houston General Insurance Co.

233 S.E.2d 479 (1977)

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Davis v. Houston General Insurance Co.

Georgia Court of Appeals
233 S.E.2d 479 (1977)

Facts

Thelma Davis (plaintiff) was employed by Shoreham Convalescent Center (Shoreham) (defendant) as a nurse’s aide. On December 18, 1974, after Davis had been working at Shoreham for approximately four or five months, Davis was preparing to go home after working a full day. As Davis was putting on her coat, she felt a pop when she reached behind her back to put her left arm into the sleeve. Davis told her supervisor what had happened, but she did not experience any pain or other issues immediately after the incident. Several weeks later, Davis experienced another issue with her back. Davis underwent two back surgeries and became unable to perform her job duties. Davis brought a claim for workers’-compensation benefits from Shoreham and Shoreham’s insurer, Houston General Insurance Company (defendant). The administrative-law judge (ALJ) heard testimony that prior to the coat incident on December 18, 1974, Davis had no trouble performing her nurse’s-aide duties and had never experienced any back pain or other back issues. The ALJ concluded that although Davis was injured in the course of her employment, the injury did not arise out of her employment. The ALJ thus denied Davis’s claim for benefits. The Georgia Board of Workmen’s Compensation and a trial court affirmed the ALJ’s decision, and Davis appealed to the Georgia Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Marshall, J.)

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