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Theesfeld v. Image Electrolysis & Skin Care6/24/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ.
Sherrie Theesfeld sued Image Electrolysis & Skin Care, Inc. d/b/a Image Spa alleging that she was injured on the Image Spa premises while working as an invitee independent contractor for Image Spa. She alleged that Image Spa negligently failed to maintain a stool located on the premises in a safe condition, and that, when she sat on the stool, she fell off and was injured. Theesfeld appeals from the trial court's grant of summary judgment in favor of Image Spa. For the following reasons, we affirm.
Image Spa sought summary judgment on two grounds. First, Image Spa contended that, prior to filing the present suit, Theesfeld filed a workers' compensation claim against it as a result of the fall, and that, when the State Board of Workers' Compensation (the Board) approved a settlement of the claim, the exclusive remedy provisions of OCGA § 34-9-11 (a) of the Workers' Compensation Act barred the present suit. The trial court granted summary judgment on this ground. Second, Image Spa contended that, even if the exclusive remedy provisions of OCGA § 34-9-11 (a) did not bar the suit, it was entitled to summary judgment because Theesfeld's knowledge of the alleged unsafe condition was equal to or greater than Image Spa's knowledge. Although we find the record is insufficient to support the trial court's award of summary judgment on the first ground, we conclude under the right for any reason rule that Image Spa was entitled to summary judgment on the second ground.
1. It is undisputed that, after she fell, Theesfeld sought compensation under the Workers' Compensation Act (WCA). Image Spa and Theesfeld entered into a settlement agreement on her claim which recited a dispute between the parties as to the applicability of the WCA and contained a stipulation that there was no liability under the WCA and that Theesfeld's injury was not compensable under the WCA. The settlement agreement, which was approved by the Board, contained nothing showing that it required the payment of any compensation to Theesfeld. Although Image Spa claims on appeal that Theesfeld received compensation payments pursuant to the settlement agreement, there is nothing in the record to support this claim.
Under OCGA § 34-9-15, where a dispute over the applicability of the WCA exists but the parties want to settle a claim, the Board is authorized to approve a settlement agreement which contains a "no-liability" stipulation and to enforce any compensation payment agreed to in the settlement. Moreover, we have held that, where compensation is paid pursuant to a settlement under OCGA § 34-9-15, the exclusive remedy provisions of OCGA § 34-9-11 (a) bar a subsequent tort suit by the injured party despite a stipulation in the settlement agreement that there was no liability under the WCA. Ridley v. Monroe, 256 Ga. App. 686, 687-689 (569 SE2d 561) (2002). Because, on the present record, there is no evidence that compensation was paid to Theesfeld pursuant to the Board-approved settlement agreement, the trial court erred by granting summary judgment to Image Spa on the basis that Theesfeld's suit was barred by the WCA's exclusive remedy provisions.
2. Nevertheless, we affirm the grant of summary judgment in favor of Image Spa because it was right for other reasons asserted by Image Spa in its motion for summary judgment. See City of Gainesville v. Dodd, 275 Ga. 834 (573 SE2d 369) (2002). Theesfeld alleged that she injured her back when, working as an independent contractor for Image Spa, she fell off a small stool used to perform pedicures. In deposition testimony, Theesfeld said the stool was about 12 to 14 inches high and had wheels on the legs so it could r
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