FRETT v. STATE FARM EMPLOYEE WORKERS COMPENSATION (2021)

In Frett v. State Farm Employee Workers’ Compensation, 348 Ga. App. 30, 821 S.E.2d 132 (2018) (“Frett I”), this Court affirmed the superior court's order upholding the decision of the State Board of Workers’ Compensation to deny Rochelle Frett's claim for benefits under the Workers’ Compensation Act, OCGA § 34-9-1 et seq. Id. at 36, 821 S.E.2d 132. In Frett v. State Farm Employee Workers’ Compensation, 309 Ga. 44, 844 S.E.2d 749 (2020) (“Frett II”), the Supreme Court reversed our decision, overruling Ocean Acc. & Guar. Corp. v. Farr, 180 Ga. 266, 178 S.E. 728 (1935), and concluding that “Frett's injury occurred ‘in the course of’ her employment and arose ‘out of’ her employment under the Act.” 309 Ga. at 62 (3) (c), 844 S.E.2d 749. We now vacate our earlier opinion and adopt as our own the Supreme Court's opinion in Frett II. Accordingly, the decision of the superior court is reversed.

Judgment reversed.

Brown, Judge.

McFadden, C. J., Barnes, P. J., Miller, P. J., Doyle, P. J., Dillard, P. J., Rickman, P. J., Mercier, Reese, Markle, Hodges, Pipkin, Colvin, JJ., and Senior Appellate Judge Herbert E. Phipps concur. Gobeil, J., disqualified.