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Sturgess v. OA Logistics Servs. Inc.

The exclusive remedies provision of the Georgia Workers' Compensation Act barred the plaintiff's wrongful death action based on her son's murder at the hands of a co-worker while in the workplace.

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Maria Sturgess appeals from the grant of summary judgment to OA Logistics Services, Inc. OA, and StaffChex, Inc., in her wrongful death claim against them based on the death of her son, Nickifor Zephyrine. Sturgess contends that the trial court erred by ruling that 1 her claim was barred by the exclusive remedies provision of the Georgia Workers’ Compensation Act WCA, and 2 StaffChex is a temporary staffing firm covered by the WCA.1 Because the undisputed facts show that Zephyrine’s death arose out of his employment under the positional risk doctrine and that StaffChex is covered by the WCA, we affirm the grant of summary judgment.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.2

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