Legal Opinion · Concurring in part, dissenting in part

Baldwin v. Roberts

Court of Appeals of Georgia

Decided March 8, 1994No. A93A2339Published

1Concurring in part, dissenting in partBlackburn, Judge

This case actually presents a novel issue, i.e., whether an employer himself may commit an intentional battery upon an employee and avoid tort liability by asserting the exclusive remedy provisions of the Workers’ Compensation Act.

It has been stated often that “when an employee’s injuries are compensable under the Act, he is absolutely barred from pursuing a common law tort action to recover for such injuries, even if they resulted from intentional misconduct on the part of the employer.” Southwire Co. v. Benefield, 184 Ga. App. 418, 419 (361 SE2d 525) (1987). However, those cases all…

2Cases cited6 opinions

  1. Southern Wire & Iron, Inc. v. FowlerSupreme Court of Georgia · 1962
  2. Helton v. Interstate Brands Corp.Court of Appeals of Georgia · 1980
  3. Fowler v. Southern Wire & Iron, Inc.Court of Appeals of Georgia · 1961
  4. Atha v. Jackson Atlanta, Inc.Court of Appeals of Georgia · 1981
  5. Southwire Company v. BenefieldCourt of Appeals of Georgia · 1987

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