Hensel Phelps Construction Co. v. Johnson

On Motion for Rehearing.

On motion for rehearing, the appellee-plaintiff Johnson contends that, notwithstanding the principle that we apply the law in effect at the time of appeal, the trial court was correct to deny directed verdict to Hensel Phelps, because there was no affirmative showing by Hensel Phelps that it had three or more employees regularly in service in Georgia and hence was subject to the Workers’ Compensation Act (Code Ann. § 114-107) and entitled to immunity from tort liability under Code Ann. § 114-112 and the decision in *633Wright Assoc. v. Rieder, 247 Ga. 496 (277 SE2d 41).

The…