Homebuilders Association of Georgia v. Morris

Johnson, Chief Judge.

This is a workers’ compensation case of first impression involving the application of OCGA § 34-9-11.1 (b), which provides that an employer’s insurer shall have a subrogation lien against an injured employee’s right of action against a person other than the employer. The issue presented by this case is whether evidence of the employee’s comparative/contributory negligence or assumption of the risk is relevant in determining an insurer’s recovery pursuant to this Code section. We conclude that under the plain terms of OCGA § 34-9-11.1 (b) such evidence is irrelevant to an…