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Crisp Regional Hospital9/23/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ.
Milton Oliver sustained a back injury while working as a custodian for Crisp Regional Hospital, Inc. (Crisp Regional). Acting as Oliver's employer pursuant to the provisions of the Georgia Workers' Compensation Act, Crisp Regional provided him with medical care benefits for the injury by sending him to its own hospital-operated medical clinic for treatment. Oliver claims that the manner in which the medical care was provided negligently delayed diagnosis and treatment of his back injury, which allowed pressure on his spinal cord resulting from the injury to worsen and cause permanent paralysis. Oliver sued Crisp Regional and Crisp Regional Health Services, Inc. (jointly referred to as Crisp Regional) alleging vicarious liability: (a) for the simple negligence of nonprofessional administrative employees involved in providing the medical care, (b) for the professional negligence of nurse employees, and (c) for the professional negligence of two physicians (alleged to be employees or apparent agents) who treated Oliver at the hospital clinic. Oliver also brought a breach of contract claim against Crisp Regional, and individual professional negligence actions against the two treating physicians, Perry M. Thomas, M.D., and Kele J. Sewell, M.D. The three appeals consolidated for this opinion arise from the trial court's rulings on various cross-motions for summary judgment.
1. The first issue presented is whether the exclusive remedy provision of the Worker 's Compensation Act (WCA) bars Oliver's tort action against his employer, Crisp Regional. As to Oliver's claim that Crisp Regional was vicariously liable for the professional negligence of its physician and nurse employees or apparent agents, the trial court ruled that the exclusive remedy provision of the WCA did not bar these claims. Based on this ruling, the trial court denied Crisp Regional's motion for partial summary judgment on Oliver's claims seeking to impose vicarious liability for the alleged negligence of the physicians. In Case No. A05A1173, Crisp Regional appeals from this ruling pursuant to our grant of its application for an interlocutory appeal. As to Oliver's claim that Crisp Regional was liable for the negligence of nonprofessional administrative employees, the trial court ruled that the exclusive remedy provision of the WCA barred this claim and granted Crisp Regional's motion for partial summary judgment on the claim. In Case No. A05A1174, Oliver appeals from this ruling.
After Oliver reported his work-related back injury to his supervisor, Crisp Regional accepted the injury as compensable under the WCA and provided him with medical treatment benefits pursuant to the WCA. The exclusive remedy provision of the WCA is set forth in OCGA § 34-9-11 (a) and provides that an employee's rights and remedies under the WCA exclude all other rights and remedies of the employee against the employer "on account of such injury, loss of service, or death." Warden v. Hoar Constr. Co., 269 Ga. 715, 716 (507 SE2d 428 (507 SE2d 428) (1998). The policy advanced by this provision is to provide the employee, who suffers a work-related injury compensable under the WCA, with statutory benefits from the employer without regard to issues of negligence, contributory negligence, or assumption of risk, while the employer receives immunity from common law tort liability as the quid pro quo for providing the benefits. Smith v. Gortman, 261 Ga. 206, 207 (403 SE2d 41) (1991); Pardue v. Ruiz, 263 Ga. 146, 148 (429 SE2d 912) (1993). Moreover, the WCA is liberally construed "for the purpose of bringing employers and employees within provisions . . . to provide protection for both." OCGA § 34-9-23. Accordingly, w
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