Royal Indemnity Co. v. Warren , 102 Ga. App. 501 ( 1960 )

Felton, Chief Judge,

concurring specially. I think that the award was correct but I do not think that it could have been based on a change in the employee’s condition for the worse. He was paid briefly for 100% temporary total incapacity. He became disqualified to receive payments by working for the same wages he received at the time of his injury. While the claimant’s claim was based on change in condition it was in fact a claim that his disqualification was removed to receive the amount of partial permanent disability which the evidence showed he was entitled to, which was based on a 20'% partial permanent disability. The claimant’s condition had improved from the 100% total temporary disability on which the agreement was based but he is still entitled to compensation impartial permanent disability after the removal of his disqualification which was his earning as much after the injury as before. The evidence is conclusive that the claimant’s permanent partial disability was at the time of injury (considering maximum improvement) 15% for light work and 20% for heavy work. There is no evidence of a change in these percentages.