Subsequent Injury Trust Fund v. Lumley Drywall

Birdsong, Presiding Judge.

We granted this first-impression discretionary appeal to determine whether the trial court erred in affirming the determination of the Workers’ Compensation Board (“the board”) that a sole proprietor who elects workers’ compensation coverage as an “employee” under OCGA § 34-9-2.2 is an “employer” for purposes of reimbursement from the Subsequent Injury Trust Fund (“the Fund”), which was established by OCGA § 34-9-350 “to encourage the employment of the handicapped by protecting employers from excess liability for compensation when an injury to a handicapped worker…