Georgia Power Co. v. Franco Remodeling Co.

The trial court was correct. The reason Georgia Power Company as “owner or operator of [the] high-voltage lines” was not entitled to recover “costs incurred in defending [plaintiffs’] claims,” as permitted by OCGA § 46-3-40 (b) by way of indemnification from the noncomplying employer, is that the employer provided workers’ compensation coverage to the plaintiffs/employees. City of Dalton v. Gene Rogers Constr. Co., 223 Ga. App. 819 (479 SE2d 171) (1996).

The legislature has decided the public policy in such instances and has chosen to assign the risks in this manner. No one wishes to expose…