Court Sends Dispute Back to Judge to Determine Applicability of Exclusive Remedy Defense

The Georgia Court of Appeals sent a worker’s dispute against his employer back to a trial judge to determine whether the claim was precluded by the exclusive remedy provision of the Workers' Compensation Act. Case: T&R Sanitation v. Lowe, No. A22A0796, 08/31/2022, published. Facts and procedural history: Artavious Lowe filed suit against T&R South Sanitation, alleging that he was "an employee passenger on the back of a garbage truck" operated by a driver who was "an employee or agent of T&R." According to the complaint, the driver negligently took a...