In a recent opinion, the Georgia Court of Appeals recently reviewed a judgment in favor of a workers’ compensation claimant and against an employer. In this case, the issue was whether the employer’s employment of more than three employees was “regular,” such that he was subject to the Workers’ Compensation Act. The court looked at whether the employer regularly hired additional employees, rather than whether he hired these additional individuals continuously or constantly.
The court stated that an award from the State Board of Workers’ Compensation granting compensation is reviewed on appeal with the evidence in the light most favorable to the prevailing party. In this case, Bobby Wills bid on a construction project to renovate a gymnasium in Clay County. The County requested that Mr. Wills sign a contract with a provision requiring he supply his workers with workers’ compensation insurance. Mr. Wills signed the contract, but the provision was removed from the contract.