 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Crisp Regional Hospital9/23/2005
here the WCA is applicable, it provides the exclusive remedy for an injured employee against the employer.
The Supreme Court applied these principles in Doss v. Food Lion, Inc., 267 Ga. 312 (477 SE2d 577) (1996), when it considered whether an employee who suffered a work-related injury compensable under the WCA could bring an independent tort action against his employer claiming that the employer exacerbated the work-related injury when it delayed authorizing medical treatment to which the employee was entitled under the WCA. The Court found that, because the WCA penalized unreasonable delays in authorizing medical treatment and provided additional benefits for work-related injuries made worse by the delay, the WCA applied under the circumstances and the exclusive remedy provision barred the employee's tort action against his employer. Id.
The reasoning employed in Doss also applies in the present case. Oliver claims that, by simple or professional negligence, employees or apparent agents of Crisp Regional worsened his initial work-related injury by delaying proper diagnosis and treatment. Because the WCA provides a remedy in the form of benefits for a work-related injury exacerbated or aggravated subsequent to the initial injury, Oliver cannot accept WCA benefits and also bring an independent tort action against his employer seeking to recover damages for worsening of the injury. Doss, 267 Ga. at 312-313, n. 6. Moreover, the WCA specifically provides that " he employer shall not be liable in damages for malpractice by a physician or surgeon furnished pursuant to this chapter, but the consequences of any malpractice shall be deemed part of the injury resulting from the accident and shall be compensated for as such." OCGA § 34-9-203 (b). Because the WCA applies and provides compensation for Oliver's initial work-related injury and for worsening of the injury caused by the negligence he alleged in the tort action against Crisp Regional, the exclusive remedy provision of the WCA bars the tort action. OCGA § 34-9-11 (a); Doss, 267 Ga. 312.
Contrary to the trial court's ruling, the fact that Oliver alleged his injury was caused by professional negligence does not create an exception to the exclusive remedy provision which would allow Oliver to sue Crisp Regional for vicarious liability. Where the WCA applies, the exclusive remedy provision not only prevents the injured employee from bringing a tort claim against the employer, but also prevents a tort claim against any co-employees of the same employer. OCGA § 34-9-11 (a); Clark v. Williamson, 206 Ga. App. 329, 330-332 (425 SE2d 311) (1992). Although the immunity provided to co-employees does not extend to all professional co-employees, this exception does not support Oliver's tort claim against Crisp Regional. For example, in Davis v. Stover, 258 Ga. 156 (366 SE2d 670) (1988), an employee working for Ford Motor Company complained of chest pain and shortness of breath and was examined by a Ford-employed physician who diagnosed a respiratory problem. The next day the employee suffered a heart attack at work and died. After the employee's widow was awarded benefits under the WCA, she brought a medical malpractice action against the co-employee physician alleging misdiagnosis and negligent treatment of her husband's heart condition. Davis held that, because of the relationship of trust between the physician and patient, the exclusive remedy provision of the WCA did not bar the medical malpractice action brought against the individual co- employee physician. Id. at 157. Accordingly, Davis is authority supporting a professional negligence action by Oliver against an individual physician who treated him while acting as an employee or apparent agent
Page 1 2 3 4 5 6 Georgia Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|