Hartford Accident & Indemnity Co. v. Dutton , 116 Ga. App. 535 ( 1967 )

Quillian, Judge,

concurring specially. Under what was held in Phinese v. Ocean Acc. &c. Corp., 81 Ga. App. 394 (58 SE2d 921) and Fletcher v. Aetna Cas. &c. Co., 95 Ga. App. 23 (96 SE2d 650), I am constrained to concur in the majority opinion. However, it is my opinion that the Phinese and Fletcher cases were decided on the erroneous theory that there were not sufficient facts before the board from which it could determine that the claimant had undergone a change in condition. In the Phinese and Fletcher cases, as in the case sub judice, there was an award (or an approved agreement which became an award) stating that the claimant on a particular date had a certain percentage loss of use of a specific member. Such award was as a matter of law conclusive as to the extent of loss of use on that date. Travelers Ins. Co. v. Hammond, 90 Ga. App. 595 (2) (83 SE2d 576). This was a fact which the board should be authorized to consider when deciding the issue of whether the claimant’s condition has changed.