Boston Old Colony Insurance v. Brown

Shulman, Judge.

This appeal is from a declaratory judgment holding that an employee may recover both under the Workers’ Compensation Act and under his employer’s “no-fault” insurance plan for injuries sustained in a vehicular collision incurred while in the course of his employment. We reverse.

This issue is controlled by Freeman v. Ryder Truck Lines, Inc., 244 Ga. 80 (259 SE2d 36), in accordance with appellant’s contentions. In Freeman, the court found that “Code Ann. § 56-3409b (a) protects plaintiff’s rights under his own no-fault policy notwithstanding his receipt of workers’ compensation…