Greg Fisher, Ltd. v. Samples

Smith, Judge.

We granted this discretionary appeal from the superior court’s order reversing the decision of the appellate division of the State Board of Workers’ Compensation. Because we find that Samples was not an employee of Greg Fisher, Ltd. (“Fisher”) or one of its subcontractors and that the superior court erred in applying the estoppel provisions of OCGA § 34-9-124 (b), we reverse.

Samples owned a carpentry business and worked side by side with his employees. Samples was hired by Fisher to perform framing work on a building project. He was on top of the building setting trusses in windy…