“Current Status of Rycroft Defense in Georgia Workers’ Compensation”
Swift Currie attorney Marc Sirotkin authored an article for WorkersCompensation.com discussing the use of the common law Rycroft Defense in Georgia workers’ compensations to entirely deny a claim. A three-factor test was developed by the Georgia Supreme Court to determine whether false statements from employees about their physical condition made post-hire bars their workers’ compensation claim.
The case of McKay v. Inalfa Roof Systems, Inc. et al. recently reaffirmed that the Rycroft defense is still available for employers so long as they do not retain the employee if they discover the employee’s false representation post hire.
“It is always best to explore your legal options with your workers’ compensation insurance defense attorney,” Sirotkin recommended
To view the full article, you may click here.
