On July 8, 2008, the Georgia Court of Appeals decided the case of Rheem Manufacturing Company v. Butts, 2008 Ga. App. Lexis 814. In this case, an injured employee filed a medical malpractice lawsuit against a physician employed by his employer. The claimant had a knee injury and sought treatment from a physician who was employed by an on-site medical clinic at Rheem Manufacturing Company. The medical malpractice lawsuit was based upon the failure to diagnose cancer.
The Georgia Court of Appeals held that the employee could not maintain the personal injury lawsuit under the exclusive remedy doctrine found in Georgia workers’ compensation law. The Court reasoned that the physician was a co-employee of the claimant, Mr. Butts. Also, the Court of Appeals noted that O.C.G.A. § 34-9-203(b) precludes damages for malpractice by a physician or surgeon furnished by an employer at an on-site clinic.
This has been a popular theme in recent workers’ compensation case law: that claimants have tried to sue employers, co-employees and third-parties for personal injury, medical malpractice and wrongful death. Recently, we have seen expansion in some areas and limiting and contraction in others. This case again reemphasizes the fact that an injured worker cannot generally sue a co-employee for torts committed by the co-employee under Georgia workers’ compensation law.
If you have been injured at work and have questions about whether you can file a lawsuit for personal injury or have questions about a workers’ compensation benefits such as weekly benefits and medical care, please contact our office for a free telephone consultation.
