Legal Opinion · Dissent

ITT Continental Baking Co. v. Powell

Court of Appeals of Georgia

Decided March 20, 1987No. 73492Published

1DissentBenham, Judge

1. I am unable to agree with the majority ruling that ITT is not responsible for the medical expenses sought by the appellee because he made no effort to select from a panel of physicians provided by the employer in accordance with OCGA § 39-9-201. There was no evidence of record to show that such a list was posted in a prominent place or that ITT complied with the other requirements of OCGA § 34-9-201 (b). Compare Dairymen, Inc. v. Wood, 162 Ga. App. 430 (4) (291 SE2d 763) (1982). “[I]f the employer does not adequately meet *537the duty of providing treatment the employee may make other…

2Cases cited9 opinions

  1. Schwartz v. GreenbaumSupreme Court of Georgia · 1976
  2. Boaz v. K-Mart Corp.Supreme Court of Georgia · 1985
  3. Cornell-Young (Macon &C. Co.) v. MinterCourt of Appeals of Georgia · 1983
  4. Dairymen, Inc. v. WoodCourt of Appeals of Georgia · 1982
  5. Firestone Tire & Rubber Co. v. CrawfordCourt of Appeals of Georgia · 1985

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