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Georgia Employee Leasing Case Law

Please find, below, selected case laws decided by Supreme Court of Georgia or Court of Appeals of Georgia where the terms employee leasing has been mentioned. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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MAXWELL v. MAYOR &C. OF THE CITY OF SAVANNAH - 6/5/1997
James Maxwell, a former police officer for the City of Savannah ("the City") sued, among others, the Mayor and Aldermen as the City's governing body, and the City's Chief of Police, David Gellatly. In his complaint, Maxwell alleged,...

WALTON ELECTRIC MEMBERSHIP CORPORATION v. SNYDER - 5/22/1997
This case arose over a disputed electrical bill in the amount of $301.28. The chronology of events is as follows: On August 26, 1992, Deborah Patton, while residing at Kings Mill Run in Clarke County, signed a contract with...

WIELAND v. GEORGIA FARM BUREAU MUTUAL INSURANCE - 5/15/1997
Ethicon, Inc. employed Freddie Lee Ausburn as a mechanic. Ausburn also rented motor vehicles and construction equipment to Ethicon as an independent contractor. Ausburn injured Ethicon employee Wesley Bill Wieland as the two helped to...

THOMAS v. DIAMOND RUG - 5/9/1997
This discretionary appeal poses the question whether an employee of a self-insured employer, who has not established a drug-free workplace program, may be denied workers' compensation benefits under OCGA § 34-9-17 (b) (3) based on...

BOULWARE v. QUIKTRIP CORP. - 5/9/1997
Trudee L. Boulware appeals the trial court's grant of Quiktrip Corporation's motion for summary judgment in her action for psychological damages arising from a robbery at the Quiktrip store where she worked. On November 26, 1992,...

HAMILTON v. CANNON - 3/21/1997
The mother, child and administrator of the estate of Kim Orlena Hamilton brought suit in the United States District Court for the Middle District of Georgia asserting state and federal causes of action arising out of Hamilton's death...

CNL INS. v. MORELAND - 3/19/1997
CNL Insurance America appeals the trial court's denial of its post-judgment motion for offset. The issue in this appeal is whether the non-duplication of benefits provision in CNL's insurance policy is enforceable and allows CNL the...

MOUNTAINSIDE MEDICAL/PICKENS HEALTHCARE v. TANNER - 3/12/1997
After receiving workers' compensation benefits for temporary total disability for a year, the claimant Wanda Tanner was released to work with restrictions. However, Tanner either did not find work or did not choose to work. Under...

GA. PACIFIC CORP. v. WILSON - 3/10/1997
Appellee, Billy C. Wilson, was an employee of appellant who received temporary total disability benefits from appellant, which disability began on March 3, 1992. Appellee became aware of the injury on December 7, 1991. After...

YELLOW CAB v. KARWOSKI - 3/6/1997
The sole issue before us in this workers' compensation case is whether Francis R. Karwoski was an independent contractor or an employee. Karwoski was injured while driving a taxicab for Yellow Cab of Chatham County, Inc. (Yellow...

LEEKS v. STATE - 3/6/1997
David Leeks appeals his convictions for armed robbery and aggravated assault, crimes he committed at the age of 16. His challenges to the sufficiency of the evidence and to the superior court's jurisdiction over his aggravated assault...

MCLANE v. ATLANTA MARKET - 3/5/1997
Laura J. McLane — a licensed real estate agent — brought an action against her former employer, The Atlanta Market Center Management Company ("the broker"), the owners of an Atlanta office building known as the Inforum Mart ("the...

GA-PACIFIC CORP. v. ARLINE - 3/5/1997
Employer Georgia-Pacific Corporation appeals the superior court's reversal of an award by the Appellate Division of the State Board of Workers' Compensation, which had affirmed an award by an Administrative Law Judge. The appeal...

SIMMONS v. WEBSTER COUNTY - 3/4/1997
Condemnee Simmons appeals the condemnation award of $675 in this eminent domain case. Despite the amount of the judgment, a direct appeal lies. Walker v. Ga. Power Co., 177 Ga. App. 493, 494 (339 S.E.2d 728) (1986). Webster...

SHERWIN-WILLIAMS COMPANY v. ESCUADRA - 2/27/1997
This appeal addresses whether the sole proprietor of a business which operates as a subcontractor may be considered an "employee" of the subcontractor for purposes of the workers' compensation statutory employer provisions of OCGA §...

GA. STAR PLUMBING v. BOWEN - 2/26/1997
After Jeffrey Stilley was paid workers' compensation benefits for injuries he received as an employee in an on-the-job automobile accident, Stilley's employer, Georgia Star Plumbing, Inc. (Georgia Star), and its workers' compensation...

UNITED FAMILY v. SASSER - 2/26/1997
In this workers' compensation case, the superior court reversed the award of the administrative law judge ("ALJ") denying Sasser's "change in condition" claim. The appellate division (the "Board") had affirmed the ALJ's award. The...

WAFFLE HOUSE v. PADGETT - 2/21/1997
We granted the employer's application for discretionary appeal in this workers' compensation case to address the issue of whether a claimant who is terminated from employment while receiving temporary partial disability...

BANKHEAD ENTERPRISES v. BEAVERS - 2/17/1997
After the Court of Appeals declined to review an application for discretionary appeal brought by employer Bankhead Enterprises and its insurer in this worker's compensation case, we granted employer/insurer's petition for certiorari...

CANAL INS. CO. v. MERCHANT - 2/14/1997
This vehicular accident litigation appears for the second time before this court. In Northbrook Property &c; Ins. Co. v. Merchant, 215 Ga. App. 273 (450 S.E.2d 425) (1994), we addressed issues concerning uninsured motorist coverage...

HIGHTOWER v. THE KENDALL CO. - 2/12/1997
Pro se plaintiff David Hightower filed this action for wrongful discharge against his employer, The Kendall Company. He also claimed that Kendall made "mean spirited," false and misleading statements to the Georgia Department of Labor...

WALSTON & ASSOCIATES - 2/4/1997
Walston & Associates, Inc. performed insurance consulting services for the City of Atlanta pursuant to an oral agreement with two City officers. After the agreement was terminated, Walston & Associates sued the City to recover...

CARTER v. HUBBARD - 1/28/1997
Randall Carter sued his former employer, Arrowhead Lock and Safe, Inc. ("Arrowhead"), and two of its corporate officers, Joseph Hubbard and Fran Henderson. Carter alleged that the defendants wrongfully terminated his employment and...

LEE v. SEARS - 12/10/1996
Jeffery Lee brought this automobile negligence case against William Sears and Hughes Waste Management, Inc., but the trial court found his suit barred by the exclusive remedy provisions of the Workers' Compensation Act, OCGA § 34-9-11,...

DYNASTY SAMPLE COMPANY v. BELTRAN - 12/5/1996
Rosendo Beltran was employed by Dynasty Sample Company. On January 12, 1994, while working for Dynasty, Beltran severed two of his fingers on a piece of machinery. Subsequently, he sought workers' compensation benefits from Dynasty....

ENGLAND v. BEERS CONSTRUCTION COMPANY - 12/2/1996
Danny Dwight England was severely injured while working on a construction site. Through his guardian, he filed a single lawsuit against both the prime contractor, Beers Construction Company, and the owner of the premises, Southern...

UNITED ACOUSTICAL v. FIDELITY - 9/19/1996
These appeals involve a premium on a workers' compensation insurance policy which United Acoustical and Drywall Systems, Inc. ("United") obtained from Fidelity and Casualty Company of New York ("Fidelity"). In Case No. A96A1481, United...

COLUMNS PROPERTIES - 9/18/1996
In Coleman v. Columns Properties, 266 Ga. 310 (467 S.E.2d 328), the Supreme Court reversed the judgment of this court in Columns Properties v. Coleman, 216 Ga. App. 428 (454 S.E.2d 546), holding that under the doctrines of res judicata...

RHODES v. ABC SCHOOL SUPPLY - 9/17/1996
Thomas A. Rhodes, Sr., appeals the grant of summary judgment on his claim for breach of an oral employment agreement against ABC School Supply, Inc. (ABC). Rhodes sued ABC for wrongful termination and for unpaid commissions. ...

PETERS v. KEVIN MOODY CONSTRUCTION - 9/13/1996
We granted this discretionary appeal to determine whether a workers' compensation claimant who is himself an employer in his own business and has exempted himself from workers' compensation coverage which he procures for his own...

AUTRY v. MAYOR &C. OF SAVANNAH - 9/9/1996
Berta Ann Autry appeals the trial court's reversal of an assessment of attorney's fees against her employer, the Mayor and Aldermen of the City of Savannah ("the City"). Autry strained her left elbow in July 1991 as she lifted...

BACON v. SMITH - 8/19/1996
In Case No. A96A1475, Jerry Bacon appeals the superior court's order which reversed the probate court and upheld Walter Smith's investment of his ward's assets in annuities. In Case No. A96A1476, Walter Smith appeals the portion of the...

MIMS v. CLANTON - 8/15/1996
This case appeared before the court in Mims v. Clanton, 215 Ga. App. 665 (452 S.E.2d 169) (1994) and was reversed and remanded to determine whether or not Gwinnett County was self-insured so as to waive sovereign immunity as to the...

PRINGLE v. MAYOR &C. OF THE CITY OF SAVANNAH - 8/8/1996
We granted Timothy Pringle's application for discretionary appeal to review the superior court's order reversing the workers' compensation Appellate Division's (Board's) order requiring the City of Savannah to pay a portion of...

LARRAGA v. AETNA CASUALTY & SURETY COMPANY - 8/6/1996
Felipe M Larraga, acting pro se, appeals the trial court's determination that his complaint for personal injuries is barred by the tort immunity provision of the Workers' Compensation Act (the Act). Larraga suffered an on-the-job...

COX v. ADVONI - 8/5/1996
This workers' compensation case arose after Deborah Lee Cox fractured her ankle while moving a carpet in the course of her employment at the Travel Host Inn, owned by Bagwan Advoni. After an administrative law judge ("ALJ") awarded Cox...

ZAYTZEFF v. SAFETY-KLEEN CORP. - 6/28/1996
This is an appeal by appellants Gregory M. Zaytzeff and Sue Yang Zaytzeff from an order of the state court granting summary judgment in favor of appellee Safety-Kleen Corporation. Appellant Gregory Zaytzeff (appellant) brought...

LUKOWSKI v. CAPITOLINE PRODUCTS - 6/28/1996
This case involves an action for recommencement of disability income benefits based upon a change in condition. Lukowski appeals from the superior court order affirming the Appellate Division's award, which reversed the Administrative...

INTERFACE GROUP v. FREEMAN DECORATING - 6/28/1996
Interface Group-Nevada, Inc. appeals the trial court's grant of summary judgment to Freeman Decorating Co. in this indemnification case. Concluding that the trial court erred, we reverse. The evidence shows that Interface...

REMENESKI v. KLINAKIS - 6/28/1996
Following our grant of an interlocutory appeal, Victor J. Remeneski appeals the trial court's partial denial of his motion for summary judgment on Anthony S. Klinakis' claim for malicious prosecution. Remeneski contends summary...

ASTIN v. CALLAHAN - 6/26/1996
On March 10, 1995, plaintiff Dennis M. Astin brought this tort action against defendants Carl Lamar Callahan ("Mr. Callahan") and Sylvia Jean Callahan ("Mrs. Callahan"), seeking to recover for personal injuries plaintiff sustained on...

CHOICE HOTELS v. OCMULGEE FIELDS - 6/24/1996
This case arises out of the alleged wrongful cancellation of five hotel franchise agreements. Appellant Choice Hotels International, Inc. ["Choice"], a Maryland corporation, agreed to license its "Quality Inn" and "Comfort Inn" names...

DIAMOND RUG & CARPET MILLS v. MOSES - 6/21/1996
Diamond Rug & Carpet Mills (Diamond) and its workers' compensation servicing agent, Pruden Risk Management, appeal the lower court's affirmance of a workers' compensation award granting Diamond's former employee, Alvin Moses,...

QUEEN CARPET - 6/5/1996
On November 9, 1993, Moynihan filed a claim for workers' compensation disability benefits as a result of an accident alleged to have occurred on March 29, 1991. The employer/self-insurer, Queen Carpet, Inc., asserted as one of...

BENNETT-MURRAY - 6/5/1996
After sustaining an on-the-job injury, Barnes filed a workers' compensation claim against his employer, Bennett-Murray, Inc., for total disability income and medical benefits, as well as attorney fees. The ALJ denied the claim but the...

SOUTHWIRE CO. v. GEORGE - 6/3/1996
We granted certiorari to the Court of Appeals in George v. Southwire Co., 217 Ga. App. 586 (458 S.E.2d 362) (1995), and posed the following query: Under the Workers' Compensation Act, is psychic trauma compensable when, while not...

L.C.P. CHEMICALS v. STRICKLAND - 6/3/1996
In this workers' compensation case, the ALJ denied Robert Strickland's claim for total disability benefits based on change in condition. The Appellate Division of the State Board of Workers' Compensation adopted the conclusions of the...

BRADLEY v. BRITISH FITTING - 6/3/1996
British Fitting Group, PLC, Harben, Inc., and British Flowplant Group, Ltd. (collectively "BFG"), executed a release agreement with Martin Bradley to settle Bradley's claim that he was wrongfully terminated from BFG's employment. In...

RICE v. HUFF - 5/30/1996
Sherry Rice sued Lamar Huff, Jr., individually and as an officer of Starship Enterprises of Atlanta. She claimed that while working for Starship on December 14, 1992, Huff falsely imprisoned her in his office for eight hours and...

ROSS C. SHAW - 5/29/1996
Ross Shaw, as president of Ross C. Shaw, Jr., Inc., employed Beverly Reynolds under a three-year written contract providing that she would provide her "full time services" to the business of the company; that she would be paid at least...

THE ARROW COMPANY v. SMITH - 5/24/1996
Following our grant of a discretionary appeal, The Arrow Company appealed the superior court's judgment requiring The Arrow Company to pay certain medical and prescription drug expenses following an unauthorized referral to a...

AC CORP. v. MYREE - 5/23/1996
On May 24, 1993, Willie Myree suffered an on-the-job injury while working for AtlantaStaff, Inc. AtlantaStaff paid him workers' compensation benefits and, more than a year but less than two years after the accident, brought suit...

MULLER v. ENGLISH - 5/22/1996
This is a case of first impression construing the Injuries From Equine Activities Act, OCGA §§ 4-12-1 et seq., which provides immunity from liability for certain equine and llama activities. Because the activity in question here falls...

DISTRIBUTION CONCEPTS v. HUNT - 5/16/1996
Anthony Hunt filed a claim for workers' compensation benefits alleging that on February 18, 1994 he injured his back while employed by Distribution Concepts Company ("Distribution Concepts"). Hunt claimed that the injury occurred when...

PERRY v. SOIL REMEDIATION - 5/13/1996
Shawn Perry suffered injury when, according to his suit, a vehicle in another lane struck an accumulation of sand and oil on the road, lost control, and hit his motorcycle. Claiming that oily waste spilled from a transport truck en...

CHATHAM COUNTY DFACS v. WILLIAMS - 5/10/1996
As the result of a work-related injury which occurred in 1983, claimant Joann Williams requires 16-hour-a-day attendant care, which is provided by members of her family. The administrative law judge (ALJ) issued an award requiring the...

HERRIN v. STATE - 5/9/1996
After a jury trial, Herrin was convicted of cruelty to children by maliciously causing excessive physical pain through failing to seek proper medical attention. OCGA § 16-5-70 (a). He was acquitted on charges of malice murder, OCGA §...

ADIVARI v. SEARS - 5/3/1996
In this workers' compensation case, the superior court dismissed claimant Suzanne Adivari's pro se appeal from the decision of the Appellate Division, ostensibly pursuant to the provisions of OCGA § 34-9-105, in an order entered on...

DOWDY v. EARTHWISE RESTAURANT - 5/2/1996
On August 12, 1992, while exiting the Azalea restaurant in Atlanta, Pamela Dowdy allegedly fell and sustained injuries. She filed a workers' compensation claim and subsequently negotiated a settlement with her employer's insurer,...

JELLICO v. EFFINGHAM COUNTY - 5/2/1996
Plaintiff Francis E. Jellico, Jr., who was a certified building inspector for Effingham County, Georgia, sued defendants Effingham County, the County's Board of Commissioners and the County's chief building inspector for constructive...

DEPARTMENT OF ADMINISTRATIVE SERV. v. DEAL - 3/27/1996
The Department of Administrative Services appeals a summary judgment granted to Deal. On September 18, 1993, Deal's automobile collided with one driven by Barbara Lyles, a DOAS employee acting within the scope of her employment. The...

KINES v. ROME - 3/15/1996
The claimants appeal the reversal of the administrative law judge's (ALJ's) award as affirmed by the appellate division of the Workers' Compensation Board, based on the trial court's conclusion that there was no competent evidence to...

ROBINSON v. J. SMITH LANIER & COMPANY - 3/15/1996
Plaintiffs appeal the trial court's grant of summary judgment to defendant insurance agent on the basis that no injury could result to plaintiffs as a result of any negligence of defendant in failing to timely procure workers'...

ZURICH AMERICAN INSURANCE COMPANY v. DICKS - 3/15/1996
June Dicks sued Zurich American Insurance Company, her former employer's workers' compensation insurer. Dicks suffered a work-related injury and filed a complaint, sounding in tort, alleging that Zurich intentionally and...

WATSON v. ZURICH-AM. INS. CO. - 3/14/1996
Donald Watson sued Zurich-American Insurance Company ("Zurich") for breach of contract and fraud arising out of an agreement settling his workers' compensation claim. Watson also sought to have the matter remanded to the State Board of...

TRIMBLE v. CIRCUIT CITY STORES - 3/7/1996
This is an interlocutory appeal by plaintiff Trimble, a former employee of defendant Circuit City Stores, Inc., from an order pursuant to OCGA § 9-11-12(b)(6) granting Circuit City's motion to dismiss portions of the complaint alleging...

COOPER v. CORPORATE PROPERTY INVESTORS - 3/7/1996
Margaret and Herbert Cooper sued Corporate Property Investors, Pembroke Management, Inc. and Events Elements, Inc. for injuries sustained when Mrs. Cooper tripped over a board at Independence Day festivities being held in the Lenox...

LANGTON v. DEPT. OF CORRECTIONS - 3/5/1996
Ann Langton, a former pre-release coordinator at a Department of Corrections Boot Camp, commenced this pro se action against the Department of Corrections ("DOC") and several of its employees (collectively "defendants") alleging...

COLEMAN v. COLUMNS PROPERTIES - 3/4/1996
We granted certiorari to the Court of Appeals to consider its decision in Columns Properties v. Coleman, 216 Ga. App. 428 (454 S.E.2d 546) (1995). The Court of Appeals determined that, under the doctrines of res judicata and estoppel...

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