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SMITH v. ELLIS

No. S12A1174.

731 S.E.2d 731 (2012)

291 Ga. 566

SMITH et al. v. ELLIS.

Supreme Court of Georgia.

September 10, 2012.

Attorney(s) appearing for the Case

Richard C. Mitchell, Mitchell & Shapiro, Atlanta, for appellant.

Jeremy Robinson Davis, Scott David Huray, Christopher A. Whitlock, Carlock Copeland & Stair LLP, Atlanta, for appellee.

NAHMIAS, Justice.

The principal question in this appeal is whether an employee who files an injury claim against his employer under the Workers' Compensation Act, OCGA §§ 34-9-1 to 34-9-421, and receives compensation in exchange for a "no liability" settlement with his employer that is approved by the State Board of Workers' Compensation pursuant to OCGA § 34-9-15(b), may then turn around and sue the co-employee who caused the injury in a tort action...

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