Trial Notebook: Coverage (Workers Compensation)

A Card B Card

Where claimant was injured on August 19, 1985 but did not stop work until November 20, 1985 and carrier had changed during that time, Court of Appeals held failure to file "B" card obligated old carrier for ½ of benefits even though injury occurred during times of new carrier. See Maryland Casualty Co, v. Walls, 184 Ga. App 267, 361 S.E.2d 253 (1987).

Coverage Card

Failure to file "B" card with coverage section will result in coverage of the policy. See International Indemnity Co. v. White, 174 Ga. App. 773, 331 S.E.2d 37 (1985).

The insurer who has collected premiums reflecting such coverage and has thereby caused the claimant to rely on the contract of insurance, is estopped fro deny coverage on the basis of an assertion that the claimant is for some reason exempt from the Act's provisions. O.C.G.A. § 34-9-124. Hill-Harmon Pulpwood Co. v. Walker, 237 Ga. 736, 229 S.E.2d 607 (1976); Gulf American Fire and Casualty Co. v. Taylor, 150 Ga. App. 179, 257 S.E.2d 44 (1979); Hartford Insurance Group v. Voyles, 149 Ga. App. 515, 254 S.E.2d 722 (1979); Georgia Casualty & Surety v. Brawley, 135 Ga. App. 763, 219 S.E.2d 176 (1975); Georgia Casualty and Surety v. Rainwater, 132 Ga. App. 170, 207 S.E.2d 610 (1974); Pasler v. Maryland Casualty Co., 97 Ga. App. 263, 103 S.E.2d 90 (1958); Liberty Mutual v. Henry, 56 Ga. App. 868, 194 S.E. 430 (1937); Lawrence v. Atlanta Book Co. 171 Ga. App. 741, 320 S.E.2d 627 (1984).

An employer is required to insure the payment of workers' compensation through an insurer or as a self-insurer. Where the employer has failed to be so covered, an employee may bring an action at law against those individual agents seeking recovery for an amount equal to the award. Crawford v. Holt, 172 Ga. App. 326, 323 S.E. 2d 245 (1984).

Ownership of Business Preventing Coverage

An ownership interest of a business can exclude the employee from workers' compensation coverage under O.C.G.A. 34-9-2.2. See also O.C.G.A. § 14-8-7 and Peacock v. Chegwidden, 238 Ga. App. 328, 518 S.E. 2d 760 (1999).

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