Winnersville Roofing Company v. Coddington

In Winnersville Roofing Company v. Coddington, 283 Ga. App. 95 (640 SE2d 680) (2006), the employee filed an action in superior court under OCGA 34-9-106 to enforce the workers' compensation award, and in response the employer sought to vacate or set it aside, claiming it had not received notice of the application or hearing. Id. at 96. The superior court denied the motion, finding that the company had received proper notice and was negligent in failing to appear. Id. On appeal, Winnersville argued among other things that the award was defective because it was against a sole proprietorship, which was not a legal entity separate from its owner. Id. The Court affirmed the superior court's denial of the motion, holding that a misnomer could have been corrected by the ALJ or State Board, and thus was not grounds to set aside the award. The Court further observed that "this alleged defect in the award was hardly a defect. A trade name such as that which denominates the Sole Proprietorship is merely a name assumed or used by a person recognized as a legal entity. A judgment against one in an assumed or trade name is a judgment against him as an individual." Id. at 98.