Switch back to WCC classic look

WorkCompCentral – Workers' Compensation Education, Courses, News and Information

Call or email us anytime
(805) 484-0333
Search Guide
Today is Tuesday, November 24, 2020 -

News Articles

Production Companies Argue Jury Misclassified Stuntman for $8.6M Award

  • State: Georgia
  • Topic: SOUTH
  • - Average time spent on item: 178 minutes
  • - Popular with: Insurance

Production companies working with AMC Networks argued that a stuntman killed while filming “The Walking Dead” should have been classified as an employee and his parents limited to workers’ compensation benefits, according to a report by Variety.

During oral arguments before the 3rd Division of the Court of Appeals of Georgia on Thursday, the production companies urged the appellate court to throw out an $8.6 million jury award for the death of John Bernecker, who died in July 2017 while shooting a scene in Senoia.

David Dial, an attorney for the production companies, argued that Bernecker’s contract referred to him as an “employee,” according to Variety.

Jeff Harris, an attorney representing Bernecker’s mother, Susan Bernecker, said the appeals court should let stand the jury award from December 2019.

Harris told the court that Bernecker received a 1099 tax form, was admitted on set as a visitor and worked day-to-day. He also said it appeared that the contract declaring Bernecker an employee was purportedly signed on a date that Bernecker was in the hospital in a coma.

A Georgia jury in December 2019 concluded that Bernecker was not an employee and that workers’ compensation was not the exclusive remedy for his parents. Jurors found TWD 8, an AMC Networks entity, and production company Stalward Films were negligent in the stuntman’s death.

The jury said AMC Networks itself was not liable and punitive damages were not warranted.

No Comments

Log in to post a comment


Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.

Featured Video

Upcoming Events

  • Dec 1, 2020

    NCSI 2020 Webinar Series

    Since our in-person meeting has been canceled we have shifted to a webinar series that will includ …

  • Dec 8, 2020

    Free Webinar: Intro to Traumat

    Overview: Join us for our webinar sponsored by Carisk Partners where they will provide an educatio …

  • Dec 10, 2020

    Free Webinar: COVID-19 Effect:

    Overview: Join us as we revisit the COVID-19 experience once more before the year ends with a glim …

Workers' Compensation Events

Social Media Links

WorkCompCentral Workers' Compensation
News and Education
4081 Mission Oaks Blvd
Camarillo, CA 93012
(805) 484-0333