International Indemnity Co. v. White

On Motion for Rehearing.

On motion for rehearing, both International Indemnity and Georgia Casualty assert that, contrary to this court’s finding in Division 1 of the opinion, Southwire was in fact under a contractual obligation to cut the timber on the tract of land in question and may consequently be held liable as a statutory employer pursuant to OCGA § 34-9-8. However, the portions of the record relied upon in support of this assertion merely suggest that Southwire had purchased the timber rights on the tract of land in question from the property owner. It does not appear that Southwire was under any obligation to the owner to cut the timber or to perform any other service with respect to the land. Therefore, for the reasons previously stated, the board was not required to hold Southwire liable as a statutory employer.

*777G. Scott Hoffman, James T. McDonald, Jr., Douglas A. Bennett, Richard C. Sutton, John S. Husser, for appellees. G. Scott Hoffman, for appellant (case no. 70079). E. Lamar Gammage, Charles E. Buker III, Richard C. Sutton, Douglas A. Bennett, James T. McDonald, Jr., for appellee.