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Builders Ins. Group Inc. v. Ker-Wil Enters. Inc.

The Workers' Compensation Act implicitly grants the State Board of Workers' Compensation ancillary authority to resolve policy coverage issues when determining an employee's compensation.

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Builders Insurance Group, Inc. “Builders” filed a petition in the Superior Court of Henry County seeking a judgment declaring its rights with respect to a policy of workers’ compensation insurance it issued to Ker-Wil Enterprises, Inc., d/b/a B & K Builders “Ker-Wil”. Builders filed a motion for summary judgment with its complaint, which the trial court did not address. Ker-Wil filed a motion to dismiss with its answer, which the superior court granted on the ground that a “declaratory judgment is inappropriate at this time.” Builders appeals, contending the court erred in dismissing its petition and in denying its motion for summary judgment. For the following reasons, we affirm. 1. Because the record reveals the trial court did not rule on Builders’ motion for summary judgment, any claim of error with respect to the merits of that motion present nothing for us to review. Johnson v. Allgood Farm LLC , 278 Ga. 283, 284 1 602 SE2d 837 2004. Further, given our holding in Division 2, any such claim of error is also moot.

2. Builders contends the trial court erred in dismissing the declaratory judgment action because an actual controversy as to its rights under the insurance policy exists and that the State Board of Workers’ Compensation “the Board” lacks jurisdiction to resolve that controversy.

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