Opinion
59331.
DECIDED MARCH 3, 1981.
Action for damages. Fulton Superior Court. Before Judge Tanksley, Senior Judge.
Kenneth G. Levin, for appellant.
Gary M. Goldsmith, A. J. Block, Jr., for appellees.
Samuel appealed an order of the trial court dismissing his complaint for failure to state a cause of action. We affirmed the judgment on the ground that an employee may not sue an agent of his former employer for damages resulting from the agent's failure to procure for the employer workers' compensation insurance as required by law. Samuel v. Baitcher, 154 Ga. App. 602 ( 269 S.E.2d 96) (1980).
The Supreme Court of Georgia reversed the decision of this court and held that under the limited circumstances of this case, an employee may pursue a claim at law against the agent of his employer, who failed to obtain workers' compensation insurance as required by law, in an amount equal to the award (made previously but uncollectable) of the Workers' Compensation Board. Samuel v. Baitcher 247 Ga. 71 ( 274 S.E.2d 327) (1981). Accordingly, our opinion of May 13, 1980 is vacated and the judgment of the trial court is reversed.
Judgment reversed. Deen, P. J., and Birdsong, J., concur.