Tag: willful misconduct

Mar 23, 2020

SD Supreme Court Stresses Fault and Negligence Have No Role in Workers’ Comp Disputes

Cautioning that the analysis of the case by the state’s Department of Labor had come “perilously close to the prohibited concept of contributory negligence or fault,” the Supreme Court of...

SD Supreme Court Stresses Fault and Negligence Have No Role in Workers’ Comp Disputes SD Supreme Court Stresses Fault and Negligence Have No Role in Workers’ Comp Disputes
Aug 22, 2019

New Hampshire Injured Worker’s Death from Heroin and Oxycodone Overdose is not Compensable

The Supreme Court of New Hampshire recently affirmed a decision of the state’s Compensation Appeals Board (CAB) that denied death benefits to the widow of a worker who died of...

New Hampshire Injured Worker’s Death from Heroin and Oxycodone Overdose is not Compensable New Hampshire Injured Worker’s Death from Heroin and Oxycodone Overdose is not Compensable
Aug 8, 2019

Tennessee Healthcare Worker’s “Scuffle” With Patient Was Not Willful Misconduct

In an unpublished opinion, the Special Workers’ Compensation Appeals Panel of the Supreme Court of Tennessee affirmed a trial court’s finding that an employer failed to meet its burden of...

Tennessee Healthcare Worker’s “Scuffle” With Patient Was Not Willful Misconduct Tennessee Healthcare Worker’s “Scuffle” With Patient Was Not Willful Misconduct
Oct 30, 2018

Virginia Court Affirms Commission’s Safety Violation Finding

Driver’s Failure to Chock Wheels Results in Loss of Comp Benefits A Virginia appellate court recently affirmed a finding by the state’s Workers’ Compensation Commission that a truck driver willfully...

Virginia Court Affirms Commission’s Safety Violation Finding Virginia Court Affirms Commission’s Safety Violation Finding
Oct 15, 2018

Virginia Bus Driver’s Failure to Wear Seat Belt Constituted Willful Misconduct

A bus driver, who sustained serious injuries in an accident in which his bus was struck from behind, causing it to careen against a guard rail and then flip over,...

Virginia Bus Driver’s Failure to Wear Seat Belt Constituted Willful Misconduct Virginia Bus Driver’s Failure to Wear Seat Belt Constituted Willful Misconduct
Jul 3, 2017

Mississippi Officer’s High Speed Driving, Without Seatbelt, Did Not Amount to Willful Intent To Injure Himself

Although crash data indicated not only that a Mississippi patrol officer increased his speed steadlily from 53 mph to more than 90 mph in the twelve seconds prior to an...

Mississippi Officer’s High Speed Driving, Without Seatbelt, Did Not Amount to Willful Intent To Injure Himself Mississippi Officer’s High Speed Driving, Without Seatbelt, Did Not Amount to Willful Intent To Injure Himself
Mar 2, 2017

Virginia Employer Proves Employee Was Intoxicated, But Still Loses Case

The Court of Appeals of Virginia recently reiterated that in order to defeat a claim for workers’ compensation benefits, it is not enough to show that an employee was intoxicated...

Virginia Employer Proves Employee Was Intoxicated, But Still Loses Case Virginia Employer Proves Employee Was Intoxicated, But Still Loses Case
Mar 1, 2017

Georgia Supreme Court Clarifies “Willful Misconduct” Doctrine

Reversing a decision of the state’s Court of Appeals, the Supreme Court of Georgia, in Telecom v. Burdette, 2017 Ga. LEXIS 103 (Feb. 27, 2017), held that while the mere...

Georgia Supreme Court Clarifies “Willful Misconduct” Doctrine Georgia Supreme Court Clarifies “Willful Misconduct” Doctrine