Summary
In Smith v. White Lift of Dalton, 145 Ga. App. 596 (244 S.E.2d 117) (1978), after the plaintiff unsuccessfully attempted to collect the amounts awarded to him by a workers' compensation administrative law judge for a work-related injury, he brought suit against his corporate employer and the sole shareholder and officer of the corporation, seeking damages allegedly caused by these defendants' negligent failure to purchase workers' compensation insurance.
Summary of this case from Samuel v. BaitcherOpinion
55485.
ARGUED FEBRUARY 27, 1978.
DECIDED APRIL 5, 1978.
Action for damages. Whitfield Superior Court. Before Judge Temples.
Mitchell, Mitchell, Coppedge, Boyett, Wester Bates, J. Raymond Bates, Jr., for appellant.
Sam F. Little, for appellees.
Plaintiff brought this suit against his employer, White Lift of Dalton, Inc., and Robert Shewell, the sole shareholder and officer of the corporation, to recover damages allegedly caused by defendants' negligent failure to purchase workmen's compensation insurance. This suit was brought after plaintiff's unsuccessful attempt to collect the amounts awarded to him by a workmen's compensation administrative law judge for a work-related injury. On its own motion, the superior court dismissed the complaint for failure to state a claim upon which relief could be granted. Held:
Plaintiff, in his complaint, admits that he is seeking recovery for damages by reason of personal injury arising out of and in the course of employment, which is subject to the provisions of the Workmen's Compensation Act. Where an employee has accepted the Workmen's Compensation Act his rights against his employer to recover because of the breach of any duty arising out of that relation are determinable solely under the provisions of the Act, and are not determinable at common law. McLaughlin v. Thompson, Boland Lee, Inc., 72 Ga. App. 564 ( 34 S.E.2d 562). Judgment affirmed. Shulman and Birdsong, JJ., concur.