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Smith v. Ellis

Ridley v. Monroe, regarding no liability settlements under O.C.G.A. § 34-9-15 was correctly decided, but even under Ridley, the exclusive remedy provision of the Workers' Compensation Act did not automatically bar the plaintiff's suit against the defendant who was allegedly not acting in his capacity as a fellow employee when he injured the plaintiff.

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The principal question in this appeal is whether an employee who files an injury claim against his employer under the Workers’ Compensation Act, OCGA § 34-9-1 to 34-9-421, and receives compensation in exchange for a “no liability” settlement with his employer that is approved by the State Board of Workers’ Compensation pursuant to OCGA § 34-9-15 b, may then turn around and sue the co-employee who caused the injury in a tort action. Ten years ago, the Court of Appeals answered this question no, holding that the Act’s exclusive remedy provision, OCGA § 34-9-11 a, bars such a lawsuit based on the same injury for which the employee has already received a remedy under § 34-9-15 b. See Ridley v. Monroe, 256 Ga. App. 686 569 SE2d 561 2002. In this appeal, however, the Court of Appeals was equally divided as to whether Ridley should be overruled, and the case was sent to this Court for resolution. See Ga. Const. of 1983, Art. VI, Sec. V, Par. V “In the event of an equal division of the Judges of the Court of Appeals when sitting as a body, the case shall be immediately transmitted to the Supreme Court.”.

We hold that Ridley was correctly decided. Thus, appellant Joseph Smith, having previously entered a Board-approved settlement with his employer under § 34-9-15 b in exchange for compensation, would be barred from suing appellee John Ellis for the same injury in tort if Ellis qualifies as an “employee of the same employer” as Smith, rather than a “third-party tort-feasor,” as those phrases are used in § 34-9-11 a. However, the evidence does not establish, without genuine dispute, that Ellis was acting as “an employee of the same employer,” that is, in the course of his employment, at the time he injured Smith. The trial court therefore erred in granting summary judgment to Ellis, and that judgment is reversed.

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