Hennly v. Richardson
264 Ga. 355 · Supreme Court of Georgia · 1994
Facts
Bonnie Richardson, a receptionist, developed severe physical illness due to prolonged exposure to a co-worker's pipe smoke at First Federal. She sued her employer for wrongful termination under the GEEHC and for battery and intentional infliction of emotional distress. The Court of Appeals found her claims not barred by Workers' Comp and that she was 'handicapped.'
Issue
1. Are Richardson's claims for battery and intentional infliction of emotional distress barred by the Georgia Workers' Compensation Act? 2. Does Richardson's sensitivity to pipe smoke qualify her as a 'handicapped individual' under the Georgia Equal Employment for the Handicapped Code (GEEHC)?
Holding
1. Yes, Richardson's claims are barred by the Workers' Compensation Act, which provides the exclusive remedy. 2. No, Richardson does not meet the definition of a 'handicapped individual' under the GEEHC.
Rule
1. The Workers' Compensation Act is the exclusive remedy for injuries arising 'in the course of' and 'out of' employment, unless caused by a willful act for personal reasons. 2. Under the GEEHC, a 'handicapped individual' must have an impairment that substantially limits employment generally, not merely an inability to perform a particular job for a specific employer.
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