Trial Notebook: Employee – Workers Compensation

O.C.G.A. § 34-9-1(2)—usual course of trade, business, occupation or profession. See Georgia Power Company v. Safford, 171 Ga. App. 387, 319 S.E.2d 537 (1984).

Courier for rapid delivery service is an employee under O.C.G.A. § 34-9-1

Corporate Officer

Exception from coverage. See Lawrence v. Atlanta Door Co., 171 Ga. App. 741, 320 S.E.2d 627 (1984). See also Keenan v. Jackson & Keenan Construction Company, 175 Ga. App. 730, 334 S.E.2d 329 (1985).

Denis Aerial Ag-Plicators, Inc. v. Swift, 154 Ga. App. 742, 269 S.E.2d 890 (1980); See also Dennison v. G & M Quality Builders, Inc., 182 Ga. App. 574, 356 S.E.2d 678 (1987).

Corporation

A corporation is not a co-employee entitled to immunity from suit under the workers' compensation act. See George v. Ashland-Warren, Inc., 254 Ga. 95, 326 S.E.2d 744 (1985).

Definition

A person employee who worked at a private bakery in a program was not entitled to workers' compensation under the Act and was not considered an employee. See O.C.G.A. § 34-9-1(2). All cited in Clarke v. Country Home Bakers, 294 Ga. App. 302, 669 S.E.2d 177 (2008).

Employee Status/Independent Contractor

The relationship of the parties was of employer/employee because the law resolves doubt in favor of employee status. Unigard Mutual Insurance Co. v. Hornsby, 134 Ga. App. 157, 213 S.E.2d 538 (1975).

Employee's Testimony About Ability to Work

A person may testify about his injuries and suffering and may be believed over a whole college of physicians and surgeons. Southern Railway Co., v. Tankersley, 3 Ga. App. 548, 60 S.E.2d 297 (1908); Southern Railway Co. v. Petway, 7 Ga. App. 659, 67 S.E.2d 886 (1910); The City of Atlanta v. Champe, 66 Ga. 659, Great Atlantic and Pacific Tea Co. v. Dupee, 71 Ga. App. 148, 30 S.E.2d 365 (1944); Steven W. Brown Radiology Associates v. Gowers, 157 Ga. App. 770, 278 S.E.2d 653 (1981).
Claimant is competent to testify concerning what caused his injuries and to testify concerning those injuries and their characteristics and the finder of fact may infer from that evidence the effect of his injuries. Barker v. Crum Trucking Co., Inc., 137 Ga. App. 435, 224 S.E.2d 53 (1976); Everett v. Holmes, 126 Ga. App. 208, 190 S.E.2d 568 (1972); Hutcheson v. Daniels, 224 Ga. App. 560, 561, 481 S.E.2d 567 (1997).

It is not necessary to submit medical testimony or evidence as to the cause or onset of symptoms and the finder of fact may conclude causation, symptoms and the effect of the injuries from common knowledge. Barker v. Crum Trucking Co., Inc., 137 Ga. App. 435, 224 S.E.2d 53 (1976); Everett v. Holmes, 126 Ga. App. 208, 190 S.E.2d 568 (1972); Hutcheson v. Daniels, 224 Ga. App. 560, 561, 481 S.E.2d 567 (1997). Jordan v. Smoot, 191 Ga. App. 74, 380 S.E.2d 714 (1989); Madden v. Solomon, 196 Ga. App. 512, 396 S.E.2d 245 (1990).

Number Of

A statutory employer must have at least three employees to make it subject to the Georgia Workers' Compensation Act in order to be held liable for payment of benefits to the subcontractor's employees. See Bradshaw v. Glass, 252 Ga. 429, 314 S.E.2d 233 (1984).

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