Mann v. Workman

Clarke, Presiding Justice.

The Court of Appeals held that Mann was not entitled to pursue a common law damage suit action against Workman, a fellow employee, because Mann had accepted workers’ compensation benefits for a period of one year. Mann v. Workman, 181 Ga. App. 211 (351 SE2d 680) (1986). We granted certiorari and posed the following question: Whether an injured employee is estopped from bringing a common law damage action against a co-employee, where: (1) the injury did not occur out of and in the course of employment, and (2) although workers’ compensation benefits were accepted by…