Disability Law

Workers' Compensation Death Benefits Limitation Held Unconstitutional By The Georgia Supreme Court

By Jack E. Clay

On May 2, 2008, the Georgia Supreme Court decided the case of Sherman Concrete Pipe Co. v. Chinn. This case involves dependency benefits for a wife whose husband died in an on-the-job injury in 1990. While death cases are somewhat rare in Georgia workers? compensation law, the Atlanta area has its fair share of workers who die on the job due to the vast population and diverse workforce. Primarily, many death cases were attributed to industries such as manufacturing and construction. In Douglas County, Georgia, where my Georgia workers? compensation practice is located, there is historically a mix of service and manufacturing jobs. In the other counties in which I practice such as Paulding County, Haralson County and Carroll County, there are significant manufacturing and construction jobs in which workers may become severely injured or die in workers? compensation accidents.

This case held that language contained in the law in 1990 stating that a dependent spouse?s entitlement to income benefits shall end at 65 or after payment of 400 weeks of benefits is unconstitutional. This case is a victory for injured workers? families. However, the small number of injured workers? families that this case impacts may dilute the overall positive effect of this case. Specifically, the court found that the 1989 version of OCGA 34-9-13(e) was unconstitutional.

The Georgia Supreme Court rationalized its decision on an old principle of Georgia Constitutional Law mandating that the content of bills passed by the Georgia General Assembly must correspond to the title of the specific act. The implications of this case could be very narrow or far-reaching, depending on the number of future legal challenges. Narrowly construed, this case applies only to the version of O.C.G.A. 34-9-13 that was in effect in 1990. The current statutory language is similar. In any event, this case was a victory for the widow of the worker who was killed in an on the job accident.

Full post as published by Georgia Law Blog on May 20, 2008 (boomark / email).