Legal Opinion

Rowland v. Department of Administrative Services

Court of Appeals of Georgia

Decided January 23, 1996No. A95A2475PublishedCited by 7 opinions

1Opinion of the Court

Smith, Judge.

This is a subrogation action under OCGA § 34-9-11.1 (b). When an employer pays workers’ compensation benefits and the injured worker also recovers damages from a third-party tortfeasor, this statute creates a lien in favor of the employer against the worker’s tort recovery. We must determine the effect of a settlement between the injured worker and the tortfeasor on the employer’s subrogation lien.

The underlying facts have been stipulated by the parties. Joseph Young and Tracy Rowland were involved in a motor vehicle collision caused by Rowland’s negligence. Young was driving his…

2Cases cited6 opinions

  1. Vigilant Insurance v. BowmanCourt of Appeals of Georgia · 1973
  2. Department of Administrative Services v. BrownCourt of Appeals of Georgia · 1995
  3. Poole Truck Line, Inc. v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1982
  4. Georgia Farm Bureau Mutual Insurance v. Southeastern Fidelity InsuranceCourt of Appeals of Georgia · 1978
  5. Aetna Casualty & Surety Company v. SosebeeCourt of Appeals of Georgia · 1979

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Canal Insurance v. Liberty Mutual InsuranceCourt of Appeals of Georgia · 2002
  2. Anthem Casualty Insurance v. MurrayCourt of Appeals of Georgia · 2000
  3. City of Warner Robins v. BakerCourt of Appeals of Georgia · 2002
  4. International Maintenance Corp. v. Inland Paper Board & Packaging, Inc.Court of Appeals of Georgia · 2002
  5. Georgia Star Plumbing, Inc. v. BowenCourt of Appeals of Georgia · 1997

2 more not listed; retrieve them via the Exa API.

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