Superb Carpet Mills, Inc. v. Thomason
Superb Carpet Mills, Inc. v. Thomason
Opinion of the Court
On the date of the occurrence which forms the basis for their complaint, plaintiffs were employees of defendant Superb Carpet Mills, Inc. While plaintiff Thomason was replacing the seal on a 120,000-gallon latex tank, it suddenly exploded, allegedly causing injuries to Thomason and plaintiff Edmondson, who was working nearby. It is undisputed that the incident arose out of and in the course of plaintiffs’ employment with defendant. Accordingly, plaintiffs received benefits for their personal injuries pursuant to the Workers’ Compensation Act, OCGA § 34-9-1 et seq.
Plaintiffs brought this action to recover property damage to their clothing. In addition to compensatory damages, plaintiffs also made a claim for additional damages for aggravating circumstances pursuant to OCGA § 51-12-5. Plaintiffs claim defendant, by and through its supervisors, knew that safety devices on the tank had been altered, thereby rendering it unsafe. Plaintiffs claim defendant’s actions amounted to wilful and reckless disregard for their safety. Defendant appeals from the trial court’s denial of its motion for summary judgment on the ground plaintiffs’ complaint is barred by the exclusive remedy provision of the Workers’ Compensation Act.
This appeal presents the novel question of whether an employee’s claim for property damage is barred by the exclusive remedy provision of the Workers’ Compensation Act, OCGA § 34-9-11. Clearly, the Act provides the exclusive remedy as to those “rights and . . . remedies granted to an employee by this chapter. . . .” Id. “OCGA § 34-9-11 . . . has been interpreted consistently to mean that, ‘where the workers’ compensation law is applicable, it provides the employee’s exclusive remedy against his employer.’ Freeman v. Ryder Truck Lines, Inc., 244 Ga. 80, 82 (259 SE2d 36) (1979) (citing cases). Conversely, although ‘the remedy provided by this statute is exclusive
The history of workers’ compensation legislation indicates the original purpose of these laws was to create a statutory remedy for personal injury. See 1 Larson, Workmen’s Compensation Law, §§ 2 through 5 (1985). According to the Georgia Act, the definition of “injury” is identical and synonymous with “personal injury,” both terms meaning “only injury by accident arising out of and in the course of the employment. . . .” OCGA § 34-9-1 (4). The benefits conferred by the Act relate to damages for personal injury and not property damage.
However, we disagree with the trial court’s ruling that the Act does not bar plaintiffs’ claims for aggravated damages. Additional damages for aggravated circumstances pursuant to OCGA § 51-12-5 are allowed only to deter the wrongdoer from repeating the trespass
We hold that the Workers’ Compensation Act does not bar an employee from bringing a claim for property damage against his employer. However, the employee may not recover additional damages for aggravated circumstances where the property damage arose out of the same incident in which the employee sustained personal injury compensable under the Workers’ Compensation Act.
Judgment affirmed in part and reversed in part.
The Act does provide for replacement of prosthetic devices damaged or destroyed in a compensable accident. OCGA § 34-9-200 (a).
070rehearing
On Motion for Rehearing.
Plaintiffs maintain this court’s decision was not timely rendered and therefore the decision of the lower court must be affirmed by operation of law. “The Supreme Court and Court of Appeals shall dispose of every case at the term for which it is entered on the court’s docket for hearing or at the next term.” Ga. Const. Art. VI, Sec. IX, Par. II. The relevant date is not the date the appeal was filed with the court but the date the case was docketed for hearing. Although this appeal was filed in the September 1986 term of court, it was docketed for hearing during the January 1987 term. Therefore, the disposition of the appeal during the April term complies with the “two-term rule” of the Georgia Constitution.
Motion for rehearing denied.
Reference
- Full Case Name
- SUPERB CARPET MILLS, INC. v. THOMASON Et Al.
- Cited By
- 11 cases
- Status
- Published