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“Navigating the Workers’ Compensation Willful Misconduct Defense,” ACC Docket

April 4, 2018

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In an article published in the April issue of the Association of Corporate Counsel Docket, Atlanta-based attorneys Crystal Stevens McElrath and Blake Staten, along with fellow co-author Christopher Lee, general counsel at Southeastrans, provide insight regarding the willful misconduct defense in workers’ compensation claims. Some states, including Georgia, provide for this defense, where employers can apportion or share the responsibility for an on-the-job accident, if the action is considered to be “willful misconduct.” The authors explain that workers’ compensation laws vary by states, but that a number of states provide for a full willful misconduct defense. “An employee’s willful failure to adhere to or to perform a duty required by statute can also result in a bar to benefits for what otherwise could be a compensable injury and claim.” They also stress the importance of companies having an updated policy. For the full article, you may click here.

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