"Perspectives: Understanding Georgia’s Willful Misconduct Defense in Workers’ Compensation Claims"

Swift Currie workers’ compensation attorney Christina Hines authored an article for Business Insurance discussing the willful misconduct defense in Georgia’s workers’ compensation claims.

The Supreme Court of Georgia has clarified that there must be a finding of fact to a component of willfulness and to whether the employee’s act was performed intentionally. To meet the standard, the act must have been performed with either the knowledge that it was likely to result in serious injury, or with a wanton and reckless disregard for the probable consequences.

“Establishing willfulness generally involves demonstrating an employee’s action was voluntary, deliberate and intentional. In addition, showing the employee acted with either the knowledge that the act was likely to result in serious injury or with the wanton and reckless disregard of its probable consequences,” Hines said.

Hines advised that, when evaluating proximate cause, the first question to consider is whether this injury would have occurred without the employee’s misconduct. If the answer is yes, then the next step is determining if the harm was foreseeable.

“If a workers’ compensation case were to go to an evidentiary hearing in Georgia, both parties should gather competent and credible evidence,” Hines said.

To view the full article, you may click here.