VRATSINAS CONSTRUCTION COMPANY v. Chitwood
314 Ga. App. 357
Ga. Ct. App.2012Background
- In April 2008, VCC acted as the principal/general contractor on a mall expansion project.
- Poe's Heating and Air Conditioning contracted with Poe's to install HVAC and Poe's hired Chitwood to assist.
- Chitwood was injured by an electric shock while working at the site on April 11, 2008.
- Chitwood did not file a workers' compensation claim with Poe's or VCC, instead filing a civil tort action against VCC.
- VCC moved for summary judgment, arguing Chitwood's tort claims were barred by the Workers' Compensation Act's exclusive remedy.
- The trial court denied the summary-judgment motion; VCC obtained interlocutory review and won on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Chitwood's tort claims barred by exclusive-remedy provisions? | Chitwood argues immunity doesn't apply since no compensation paid. | As statutory employer, VCC immunity arises irrespective of payment. | Yes; tort claims barred by exclusive-remedy provisions. |
Key Cases Cited
- Wright Associates, Inc. v. Rieder, 247 Ga. 496 (1981) (principal contractor enjoys tort immunity when liable to pay workers' compensation)
- Rieder, 247 Ga. 499 (1981) (immunity extends to tort claims against statutory-employer when workers' comp is applicable)
- Warden v. Hoar Constr. Co., 269 Ga. 715 (1998) (statutory-employer immunity from tort claims to the employee)
- Maguire v. Dominion Dev. Corp., 241 Ga.App. 715 (2000) (statutory immunity includes the statutory employer regardless of actual payment)
- Redd v. Stanfield, 217 Ga.App. 573 (1995) (statutory-employer immunity under workers' compensation scheme)