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Burdette in the Georgia Supreme Court

June 19, 2017 BY Thomas Whitley | Workers Compensation

The affirmative defense of willful misconduct has seen several dramatic changes in the last few years, with decisions from the Georgia Court of Appeals and now the Georgia Supreme Court. ... Continue Reading

Willful Misconduct post-Burdette

May 31, 2016 BY Thomas Whitley | Workers Compensation

A willful misconduct defense has always been notoriously difficult for an employer to assert, but now after a recent Court of Appeals decision, it is virtually impossible. O.C.G.A. ยง 34-9-17 states that "no compensation shall be allowed for an injury or death due to the employee's willful misconduct, including intentionally self-inflicted injury, or growing out of his or her attempt to injure another, or for the willful failure or refusal to use a safety appliance or perform a duty required by statute." Willful misconduct is an affirmative defense; it must be shown that the willful misconduct of the employee is the proximate cause of the injury by a preponderance of the evidence. Commc'ns, Inc. v. Cannon, 174 Ga. App. 820, 820 (331 S.E.2d 112) (1985). ... Continue Reading

The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved. 

Editorial Board:

H. Michael Bagley

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