Henderson v. Hercules, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “[I]f a wife’s injury is covered by workers’ compensation, her husband’s common law action for loss of consortium is barred.”
• wife’s cause of action against injured husband’s employer for loss of consortium barred by exclusive remedy provision and derivative nature of claim
• legislative intent was to include spouse in exclusive remedy provision of Georgia statute barring claims by “personal representative, parents, dependents, or next of kin”
• right to recover on claim for loss of consortium is derivative and stems from spouse’s right to recover on his or her cause of action
• wife’s loss of consortium claim barred by the exclusivity provision because it was derivative of husband’s workers’ compensation claim
• wife had no derivative claim for loss of consortium because husband’s tort claim barred by Workers’ Compensation Act

Source: CourtListener parenthetical corpus (CC0).