by Jennifer M. Smith, Esq.

The 2015 legislative session was expected to be one of the most controversial in years on the workers’ compensation front, potentially leading to several significant statutory changes. One of the anticipated changes was intended to codify the exclusive remedy provision of the Act interpreted by the Georgia Court of Appeals last year in Pitts v. City of Atlanta. The Pitts case involved a fatal accident at a construction site. The Court of Appeals ruled that the Act’s “exclusive remedy” defense did not apply because of a breach of contract by the defendant subcontractor. The decision potentially limits the scope and protection of “exclusive remedy” for Georgia employers.

Under the “no-fault” and “exclusive remedy” concepts in the workers’ compensation system, injured employees are provided with workers’ compensation benefits without the need to establish fault on the part of the employer. In turn, the employee relinquishes the right to sue the employer for common law or tort claims arising out of the same injury.

To address the Pitts decision, the Advisory Council to the State Board of Workers’ Compensation reached a compromise with both the claimant and defense bars in December. Last month, the claimant lawyers then reversed their position and proposed changes which would potentially open the decision in Pitts to even more judicial interpretation. Because of their change in position, the Advisory Council was unable to reach a consensus on a legislative package. Therefore, it is now uncertain whether any legislation on this issue will be introduced this session. If not, we expect the issue will be pushed through the courts in the coming year and then most likely addressed at the next legislative session.