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GA High Court Ruling May Widen Workers' Comp Net
The Georgia Supreme Court issued a sharply divided ruling on March 26 that some say exposes employers to workers' compensation claims for just about anything their employees might do while traveling. Ray Bell Construction Co. v. King, S06G0891.
The 4-3 decision, which turns on an interpretation of the 'continuous employment' doctrine, upheld an award of workers' compensation benefits to the 11-year-old son of a man killed as a result of an automobile accident in Georgia. Howard King's employer, Ray Bell Construction Co., had put the Florida resident up in an apartment in Fayetteville, GA, while he was working as superintendent of a construction job in Jackson, GA. Ray Bell also provided him with the company truck that he was driving at the time of the accident.
Ray Bell and its insurer had contested the benefits claim on the ground that King was not acting in the course of his employment when the accident occurred in August 2002. He was on sick leave at the time and had been delivering family furniture to a storage shed in Alamo, GA ' points on which the dissenters seized.
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