by Frank A. Wasser, Esq.

A recent ruling by the Georgia Supreme Court expanded the scope of the “willful misconduct defense” in favor of employers and insurers. In Chandler Telecom, LLC v. Burdette, the court held that an intentional violation of an employer’s rules may bar compensation, when that violation is committed “either with the knowledge that it is likely to result in serious injury, or with a wanton and reckless disregard of its probable injurious consequences.”

Although this is a positive ruling for employers, the fact remains that a willful misconduct defense still requires a fairly onerous burden of proof. The ruling makes clear that mere negligence is not enough to avoid liability for willful misconduct. Instead, this defense is only available when an employee intentionally disregards a rule with reckless indifference to the possible consequences.