Georgia Workers’ Compensation – Willful Misconduct

Posted by Hunter Delashmit | Jul 23, 2023 | 0 Comments

As a general rule, the Georgia Workers' Compensation Act bars recovery of workers' compensation benefits where the employee's injury was caused by the employee's own willful misconduct. O.C.G.A. § 34-9-17. The employer has the burden of proving that the employee engaged in such willful misconduct by a preponderance of the evidence. Neither negligence or gross negligence is sufficient to satisfy the willful misconduct standard. Aetna Life Ins. Co. v. Carroll, 169 Ga. 333 (1929). This “willfulness” involves conduct of a “quasi-criminal nature involving the intentional doing of something either with the knowledge that it is likely to result in serious injury, or with a wanton and reckless disregard of its probable consequences.” Chandler Telecom, LLC v. Burdette, 300 Ga. 626 (2017).

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Hunter Delashmit

Hunter Delashmit is a seasoned trial attorney who lives in Cartersville, Georgia with his wife and their pit-husky mix, Dobby. After graduating from The University of Tennessee College of Law, Hunter has gained extensive experience through litigating cases in administrative, state, and federal co...

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