Dixie Const. Products, Inc. v. Southeastern Council on Compensation Ins.

• Citation: 357 S.E.2d 831,183 Ga.App. 101
• Decision Date: 11 May 1987
• Docket Number: No. 73784,73784
• Parties: DIXIE CONSTRUCTION PRODUCTS, INC. v. SOUTHEASTERN COUNCIL ON COMPENSATION INSURANCE et al.
• Court: United States Court of Appeals (Georgia)

Page 831

357 S.E.2d 831

183 Ga.App. 101

DIXIE CONSTRUCTION PRODUCTS, INC. v. SOUTHEASTERN COUNCIL ON COMPENSATION INSURANCE et al.

No. 73784.

Court of Appeals of Georgia.

Decided May 11, 1987.

Rehearing Denied May 28, 1987.

Certiorari Denied July 10, 1987.

Robert A. Elsner, Christopher G. Knighton, Atlanta, for appellant.

Edward W. Killorin, Clayton H. Farnham, Richard K. O'Donnell, Atlanta, for appellees.

SOGNIER, Judge.

Dixie Construction Products, Inc. (Dixie) filed suit against Southeastern Council on Compensation Insurance (SCCI) and State Farm Fire & Casualty Company to recover an alleged overpayment of workers' compensation premiums paid to State Farm because of improper classification codes assigned to certain employees of Dixie. The trial court granted both defendants' motions for summary judgment on the ground that Dixie had failed to exhaust its required administrative remedies prior to instituting suit, and Dixie appeals.

Appellant contends it was not necessary for it to seek an administrative hearing before the Insurance Commissioner, as this matter was not one pertaining to basic rate-making as contemplated by OCGA § 34-9-130. We agree and reverse.

OCGA § 34-9-130(a) provides that basic rates charged by insurance carriers for workers' compensation insurance shall be filed with and approved by the Insurance Commissioner. OCGA § 34-9-130(c) provides, inter alia, that "[a]ny party at interest may appeal from any decision of the Insurance Commissioner made under this Code section in the manner provided by law." ¹ Appellees argue that under this provision, appellant was required to pursue administrative remedies before instituting suit.

The parties to a workers' compensation insurance contract are bound by the rates approved by the commissioner for coverage of such a contract. Walker v. Bituminous Cas. Corp., 74 Ga.App. 517, 40 S.E.2d 228 (1946). It is clear, however, that responsibility for applying the proper classifications to an employer's business rests with the insurance carrier. Id. In statutory construction, " '[i]t is fundamental that the determining factor is the intent of the legislature and we look first to the words of the statute to determine what that intent was and if those words be plain and unambiguous and the intent may be clearly gathered therefrom, we need look no further in determining what that intent was.' [Cit.] In fact, 'where the language of an Act is plain and unequivocal, judicial construction is not only unnecessary but is forbidden. [Cit.]' [Cit.]" Williamson v. Lucas, ...