Legal Opinion
Henderson v. Hercules, Inc.
Supreme Court of Georgia
Decided January 7, 1985No. 41466PublishedCited by 24 opinions
1Opinion of the Court
Weltner, Justice.
The issue on appeal is whether OCGA § 34-9-11 conflicts with the Constitution of Georgia of 1976, Art. I, Sec. I, Par. XXIV, insofar as it purports to bar a wife’s cause of action against her husband’s employer for loss of consortium.
OCGA § 34-9-11 is the exclusive remedy provision of the Workers’ Compensation Act, supplanting the common law with an absolute liability of an employer, and fixed entitlements for an employee and “his personal representative, parents, dependents, or next of kin, at common law or otherwise.” The legislative intent of the statute was to bring the…
2Cases cited4 opinions
- Brown v. Georgia-Tennessee Coaches, Inc.Court of Appeals of Georgia · 1953
- Douberly v. Okefenokee Rural Electric Membership Corp.Court of Appeals of Georgia · 1978
- Williams v. ByrdSupreme Court of Georgia · 1978
- Gulf States Ceramic v. FensterSupreme Court of Georgia · 1971
3Cited by24 opinions
- Mary Goodman v. Clayton County Sheriff Kemuel KimbroughCourt of Appeals for the Eleventh Circuit · 2013
- Alpharetta First United Methodist Church v. StewartCourt of Appeals of Georgia · 1996
- Archer v. Roadrunner Trucking, Inc.New Mexico Supreme Court · 1996
- Derosia v. Book Press, Inc.Supreme Court of Vermont · 1987
- Warden v. Hoar Construction Co.Supreme Court of Georgia · 1998
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