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, leading to her termination. She sued First Federal under the GEEHC and for torts, and the co-worker for torts. The Court of Appeals found her claims not barred by workers' compensation and that she was handicapped.

Issue

1. Are an employee's tort claims for injuries sustained from a co-worker's smoking in the workplace barred by the Georgia Workers' Compensation Act? 2. Does an employee's sensitivity to pipe smoke, which only affects her ability to work for a specific employer, qualify her as a "handicapped individual" under the Georgia Equal Employment for the Handicapped Code?

Holding

Yes, Richardson's tort claims are barred by the Workers' Compensation Act because her injury arose out of and in the course of employment. No, Richardson does not meet the definition of a "handicapped individual" under the GEEHC because her impairment does not substantially limit her employment generally.

Rule

The Georgia Workers' Compensation Act provides the exclusive remedy for injuries arising out of and in the course of employment, unless caused by a willful act directed for personal reasons. An individual is "handicapped" under the GEEHC only if their impairment substantially limits their ability to secure, retain, or advance in employment generally, not just for a specific employer.

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Case brief last reviewed 2026-01-08. Prepared by CaseReader from the published opinion.