North Georgia Electric Membership Corp. v. Thomason & Holsomback Construction Co.

Banke, Judge.

The issue in this case is whether an employer whose workers’ compensation insurance premiums have increased as the result of a disability suffered by an employee at the hands of a third-party tortfeasor has a claim against the tortfeasor for the amount of that increase in premium. The appellant employer contends that such a claim exists based on the common law right of indemnity. The trial court disagreed and dismissed the complaint for failure to state a claim upon which relief could be granted. Held:

Decided February 9, 1981 Rehearing denied March 2, 1981 R. Leslie Waycaster,…