Zurich American Insurance v. Dicks

While I agree with much of what the majority holds, I respectfully dissent because I do not believe our Supreme Court’s decision in Aetna Cas. &c. Co. v. Davis, 253 Ga. 376 (320 SE2d 368) (1984), allows such a result. In Davis the Court held that “ ‘[t]he intentional delay of workers’ compensation payments does not give rise to an independent cause of action against the employer or its insurer where *729penalties for such delay are provided by the act. That is to say, where the Workers’ Compensation Act provides penalties for delay, such penalties exclude the employee’s use of common law…