Goolsby v. Wilson Et Al., 150 Ga. App. 611, 258 S.E.2d 216 (1979)
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Judgment affirmed. Quillian, P. J., and Birdsong, J., concur.
Summary
Judgment affirmed. Quillian, P. J., and Birdsong, J., concur.
Text
Hansell, Post, Brandon & Dorsey, W. Dent Acree, Swift, Currie, McGhee & Heirs, Richard S. Howell, for appellees.Nixon & Nixon, John P. Nixon, for appellant.
Goolsby appeals from the trial court's affirmance of the award made by the State Board of Workers' Compensation, which denied her claim involving the death of her husband. We affirm.
A Tennessee concern, Hiawassee Sales Company, purchased a certain lot of beer from appellee Pabst Brewery Company's outlet in Perry, Georgia. Hiawassee Sales then contracted with appellee E. E. Henry, Incorporated, an interstate common carrier, for the latter to transport the beer to Tennessee. In turn, E. E. Henry hired appellee James Wilson, d/b/a Wilson Trucking Company, to perform the shipping of the beer, which Wilson's driver picked up at Wilson's residence. The deceased, Fred Goolsby, was killed in an accident which occurred when he was driving the beer to Tennessee, in performance of the trip lease arrangement between Wilson and Henry.
1. The crux of the board's denial of appellant's claim against Wilson and Henry was that they did not have three employees within Georgia and thus were not subject to the Workers' Compensation Act, by virtue of Code 114-107. "The burden of showing the employer-employee relationship and of showing that the employer was subject to the provisions of the Act by virtue of having the requisite number of employees or that he had voluntarily accepted its provision rests upon the claimant." Sanders Truck &c. Co. v. Napier,
App. 458 (
4. Our holdings above render moot the remaining enumerations of error.
James P. Wilson, pro se.
1979
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