Georgia Supreme Court Overrules 85-Year-Old Workers’ Compensation Precedent

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Workers’ compensation requires Georgia employers to pay medical and wage replacement benefits to employees injured “in the course of” employment. This includes not only injuries that occur while actively working, but also during times “incidental” to a job, such as entering or exiting the employer’s premises. However, employers are not liable for injuries that occur when an employee is engaged in an “individual pursuit.”

Frett v. State Farm Employee Workers’ Compensation

In 2018, we discussed a decision from the Georgia Court of Appeals, Frett v. State Farm Employee Workers’ Compensation, where an employee was injured during a scheduled lunch break. To briefly recap, the employee was a claims adjuster at State Farm. The employer required her to take an unpaid 45-minute lunch break each day. On the day in question, the employee clocked out for lunch, went to the break room to prepare some food, and slipped and fell as she exited the room.

State Farm denied workers’ compensation benefits, arguing that the employee’s injury did not “arise out of” her employment, as she was on a lunch break. The Court of Appeals felt compelled to side with State Farm based on existing precedent from the Georgia Supreme Court. Under a 1935 decision, Ocean Acc. & Guar. Corp. v. Farr, an employer does not have to pay workers’ compensation for injuries that occur while an employee is on a “scheduled break.” However, this created an apparent conflict with other cases that said employees are covered while entering or exiting the employer’s premises, as was the situation here.

To resolve this conflict, the Supreme Court decided to overrule Farr. In a June 16 opinion, the Court said Farr was “at odds with the analytical framework that this Court has consistently applied in workers’ compensation cases since the adoption of the Act in 1920.” Indeed, Farr has “produced a number of apparent inconsistencies” in the law. For example, the Court pointed to a 1945 decision where it “held that a traveling salesman injured on his way from dinner was entitled to compensation,” since “eating a meal was an activity incidental to his employment.” If that was the case then, the Court reasoned now, why did the same rule not also apply to the “work of an ordinary employee” injured on their lunch break? Both employees were injured “in the course of their employment.”

As noted above, Farr also conflicts with the rule, developed later, that holds an employer is liable for injuries that occur while an employee is entering or exiting the premises. When combined with Farr, the Supreme Court said “the law concerning injuries occurring during rest breaks or lunch breaks became confusing at best, if not altogether incoherent.” While courts typically try to follow their own precedents–a principle known as stare decisis–the Court said “it would be hard to assert with a straight face that Farr has become deeply entrenched in our jurisprudence.” So, as far as the present case was concerned, the Supreme Court said the employee’s injuries incurred during her lunch break did arise “out of” her employment for purposes of workers’ compensation law.

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Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

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Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

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What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

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