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LIBERTY MUTUAL INSURANCE COMPANY v. SIMPSON

38106.

101 Ga. App. 480 (1960)

114 S.E.2d 141

LIBERTY MUTUAL INSURANCE COMPANY et al. v. SIMPSON.

Court of Appeals of Georgia.

Decided April 7, 1960.

Attorney(s) appearing for the Case

Hatcher, Smith, Stubbs & Rothschild, Albert W. Stubbs, for plaintiffs in error.

Richard H. Baker, contra.

FELTON, Chief Judge.

1. "Where it affirmatively appears from the award in a workmen's compensation proceeding that it is based upon an erroneous legal theory, the case should be remanded to the board for further findings." Borden Co. v. Dollar, 96 Ga.App. 489, 490 (100 S.E.2d 607).

2. The award in this case was based on an erroneous legal theory that the board had jurisdiction...

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