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COTTON STATES INS. CO. v. STUDDARD

47107.

126 Ga. App. 217 (1972)

190 S.E.2d 549

COTTON STATES INSURANCE COMPANY et al. v. STUDDARD.

Court of Appeals of Georgia.

Decided April 19, 1972.

Rehearing Denied May 5, 1972.

Attorney(s) appearing for the Case

Savell, Williams, Cox & Angel, John M. Williams, Elmer L. Nash, for appellants.

Sharpe, Sharpe, Hartley & Newton, T. Malone Sharpe, for appellee.

DEEN, Judge.

1. Under Code § 114-305, unless the claim is filed within one year after the accident it is barred. The statute is tolled upon a showing that fraud was practiced upon the employee which prevented his filing the claim within the statutory time, and that he acted promptly upon the discovery of the fraud. Welchel v. American Mut. Liab. Ins. Co., 54 Ga.App. 511 (3) (188 SE 357); Indemnity Ins. Co. v. O'Neal, 104...

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