Document 71nX6qXG05mY2aKOKY6Zw0rna

W.WRAY ECKL CLA^Ntj FARNHAM SAMU& P, PIERCE* JR. ARTHUR H. GLASER JAMES M.POE JOHN A. FERGUSON, JR. THEODORE FREEMAN JOHN P. REALE CLIFFORD fe HARDWICK IV STEVAN A. MILLER RICHARD C. K.J55IAH H. MICHAEL BACLEY HALL F. MCKINLEY 111 ANN BISHOP CONN THEODORE E.G. POUND G, RANDALL MOODY RICHARD T. CIERVN, JR. RICHARD K, O'DONNELL B. HOLLAND PRITCHARD DAVID A. SMITH KENNETH A. HINDMAN PAUL W. BURKE GEORGIA L. SCHLEY DANIEL C. KNIFFEN JAMES F. COOK, JR. JOHN C. BRUFFEYJ. JR. STEVEN D. BARNHART STEPHEN R. KANE MICHAEL A. O'QUINN ROBERT J. HUNTER DEBRA L. MIXON BENNY C. PRIEST JULIA B. ANDERSON TERRY R. HOWELL JOHN G. BLACKMON, JR, W, BRADFORD SEARSON Dr e w , e c k l s f a r n h a m ATTORNEYS AT LAW 1400 WEST PEACHTREE STREET P. O. BOX 7600 ATLANTA, r.F.OfcGIA 30357 (404)885-1400 November 13, 1986 Mr. Tony Colangelo The Sherwin-Williams Company 101 Prospect Avenue, N.W. Cleveland, Ohio 44115-1075 RE: REDACTED -i v. Contract Transportation/ Sherwin-Williams and INA/Aetna Insurance Co. S/flflI%6/8S Dear Tony: The Full Board has affirmed the July 24, 1986 Award of Judge Speed. The Full Board's Award is dated November 10,1986. Q As you know, I feared that the Board would make this decision N since the doctor testified that the claimant's employment could [j have aggravated his condition. While you and I agree that Mr. ^ was destined to have a stroke at anytime, the State Board Q has become extremely liberal regarding "aggravation." Since any W doctor would have to testify that strenuous work would aggravate * such a condition, it is very easy for the Board to rule as it did in this case. I would not recommend an appeal to the Superior Court. The Superior Courts in Georgia are bound by the "any evidence" rule. Under this rule, if there is any evidence at all to support the State Board's Award, then the Superior Court must affirm it. Since we have the claimant's testimony as well as Dr. MacNabb's testimony, the Superior Court would have to affirm the Award. Therefore, our only alternative is to begin payment of benefits pending a settlement agreement. Under the Board Rules, payment under an Award must be received by the claimant's attorney on the twentieth (20th) day following the Award. Therefore, to be safe, the claimant's attorney should receive the checks by no later than November 19, 1986. N40433 ( 007-SWP-005 805826 Dr e w , Ec k l & Fa r n h a m Mr. Tony Colangelo RE: I November 13, 1986 Page Two r edac t ed If I can answer any questions or be of any assistance, please do not hesitate to contact me. Very truly yours, DAS:pmw CC: Ms. Flo Ann Davis, 0007-SWP-005805827 CONFIDENTIAL