Johnson v. Publix Supermarkets

I appreciate the majority’s efforts to clarify the law on this issue, and thus agree that to the extent Prudential Bank v. Moore, 219 Ga. App. 847 (467 SE2d 7) (1996), could be construed as relying upon the “peculiar risk” doctrine, it should be overruled. This Court has determined that the appropriate test for determining whether an incident arises out of employment under the Workers’ Compensation Act is instead the “positional risk” doctrine. Nat. Fire Ins. Co. v. Edwards, 152 Ga. App. 566, 568 (1) (263 SE2d 455) (1979). But I must respectfully dissent from the majority opinion because I do…