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Lawskills.com Georgia Caselaw
BOSTON OLD COLONY INSURANCE COMPANY v. BROWN.
60054.
SHULMAN, Judge.
Declaratory judgment. DeKalb Superior Court. Before Judge Hendon.
This appeal is from a declaratory judgment holding that an employee may recover both under the Workers' Compensation Act and under his employer's "no-fault" insurance plan for injuries sustained in a vehicular collision incurred while in the course of his employment. We reverse.
(Emphasis supplied.) Id., p. 83.
Under the binding authority of Freeman, we find that the judgment of the trial court requiring appellant-insurer to continue making payments to appellee under its no-fault policy with appellee's employer despite the employee's receipt of workers' compensation benefits was error. The contentions of appellee to the contrary attempting to distinguish Freeman are unpersuasive.
M. Hardeman Blackshear, for appellee.
Howard M. Lessinger, M. David Merritt, for appellant.
ARGUED JUNE 16, 1980 -- DECIDED SEPTEMBER 19, 1980 -- CERT. APPLIED FOR.
Saturday October 11 16:10 CDT


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