[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-0-en-105":3,"doc-seo-296477-105":59,"doc-detail-296477-en":131},{"code":4,"msg":5,"data":6},0,"success",[7,13,18,23,28,33,38,43,48,51,55],{"id":8,"doc_module":4,"doc_module_name":9,"category_name":10,"show_sort_weight":11,"slug":12},1,"Document","Story & Novel",90,"story-novel",{"id":14,"doc_module":4,"doc_module_name":9,"category_name":15,"show_sort_weight":16,"slug":17},2,"Literature",80,"literature",{"id":19,"doc_module":4,"doc_module_name":9,"category_name":20,"show_sort_weight":21,"slug":22},4,"Exam",70,"exam",{"id":24,"doc_module":4,"doc_module_name":9,"category_name":25,"show_sort_weight":26,"slug":27},5,"Comic",60,"comic",{"id":29,"doc_module":4,"doc_module_name":9,"category_name":30,"show_sort_weight":31,"slug":32},6,"Technology",50,"technology",{"id":34,"doc_module":4,"doc_module_name":9,"category_name":35,"show_sort_weight":36,"slug":37},7,"Healthcare",40,"healthcare",{"id":39,"doc_module":4,"doc_module_name":9,"category_name":40,"show_sort_weight":41,"slug":42},8,"Research & Report",30,"research-report",{"id":44,"doc_module":4,"doc_module_name":9,"category_name":45,"show_sort_weight":46,"slug":47},9,"Religion & Spirituality",20,"religion-spirituality",{"id":46,"doc_module":4,"doc_module_name":9,"category_name":49,"show_sort_weight":46,"slug":50},"World Cup","world-cup",{"id":52,"doc_module":4,"doc_module_name":9,"category_name":53,"show_sort_weight":52,"slug":54},10,"Lifestyle","lifestyle",{"id":56,"doc_module":4,"doc_module_name":9,"category_name":57,"show_sort_weight":24,"slug":58},19,"General","general",{"code":4,"msg":60,"data":61},"ok",{"site_id":62,"language":63,"slug":64,"title":65,"keywords":66,"description":67,"schema_data":68,"social_meta":124,"head_meta":126,"extra_data":128,"updated_unix":130},105,"en","acc-docket-april-2018-the-varying-forms-of-the-defense-willful-misconduct-defense","ACC Docket April 2018 - The Varying Forms of the Defense - Willful Misconduct Defense","","An article in ACC Docket (April 2018) explains how the willful misconduct defense operates in workers’ compensation systems, using a Georgia Supreme Court case arising from a cell phone tower technician’s injury. The piece outlines key defense grounds such as willful misconduct, physical condition misrepresentation, and the role of a safe work environment and safety training beyond the handbook. It then contrasts state approaches, including California’s employer-friendly apportionment and Alabama’s indemnity-focused statute.",{"@graph":69,"@context":123},[70,84,106],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/acc-docket-april-2018-the-varying-forms-of-the-defense-willful-misconduct-defense/296477/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/acc-docket-april-2018-the-varying-forms-of-the-defense-willful-misconduct-defense/296477.png","ImageObject",300,407,{"name":92,"@type":93},"Fans","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-29","2026-09-18",true,{"@type":102,"interactionType":103,"userInteractionCount":105},"InteractionCounter",{"@type":104},"ViewAction",12,{"@type":107,"mainEntity":108},"FAQPage",[109,115,119],{"name":110,"@type":111,"acceptedAnswer":112},"What happened to Adrian Burdette that led to the workers’ compensation claim?","Question",{"text":113,"@type":114},"He was instructed to climb down a tower rather than use controlled descent. Although he claimed he could perform the skill, he had previously misrepresented that ability, and he injured himself while performing the controlled descent.","Answer",{"name":116,"@type":111,"acceptedAnswer":117},"What are the main types of willful misconduct defense discussed?",{"text":118,"@type":114},"The article highlights several areas, including willful misconduct related to on-the-job accidents, misrepresentation or concealment of physical condition, and defense strategies supported by safety-focused environments, warnings, and regular safety meetings.",{"name":120,"@type":111,"acceptedAnswer":121},"How do the defense rules differ across states according to the article?",{"text":122,"@type":114},"The article notes variations by state, citing California’s employer-friendly framework that allows apportionment or shared responsibility, and Alabama’s statute limiting indemnity defenses under § 25-5-51.","https://schema.org",{"og:url":83,"og:type":125,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":127,"canonical":83},"index,follow",{"doc_id":129,"site_id":62},296477,1790138348,{"code":4,"msg":5,"data":132},{"doc_id":129,"user_id":133,"nickname":92,"user_avatar":134,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":135,"file_id":136,"file_url":137,"file_type":138,"file_size":139,"view_count":105,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":52,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":145,"preview_page_count":4},5909892330395,"https://ap-avatar.wpscdn.com/davatar_6f874abed73319feea01a86fa6f0fab8","DEFENSE COUNSEL AND GENERAL COUNSEL  \nPERSPECTIVE S ON  \nBy Christopher Lee, Crystal Stevens McElrath, and Blake Staten  \n58 ASSOCIATION OF CORPORATE COUNSEL  \nThe varying forms of the defense  \nOn November 5, 2012, at the conclusion of his shift, cell phone tower technician Adrian Burdette received what seemed on its face to be a relatively routine instruction. His supervisor ordered him to climb down the tower on which he had been working. This was not the first time he received this instruction. In fact, prior to their shift that day, Burdette’s supervisor instructed the entire crew to climb down the towers rather than using what is called a “controlled descent.” When the shift ended, the crew leader, Brian Prejean, reiterated the instruction and added that Burdette had the equipment for climbing down but did not have all the necessary equipment for controlled descent.  \nCHEAT SHEET.  \n■ The defense. Many US states provide for a willful misconduct defense, where employers can apportion or share the responsibility for an on-the-job accident if the action is considered to be “willful misconduct.”  \n■ Physical condition. A company can defend itself when an employee willfully misrepresents or conceals their physical condition to an employer.  \nThe case of Georgia Electric Co. v. Rycroft holds that a false statement in an  \nemployment application can bar certain benefits.  \n■ A safe environment. When an employer creates an environment that emphasizes safety and adequately warns employees of the risks of disobeying or disregarding safety protocols, an employer may not only avoid or reduce on-the-job injuries, but also preserve its ability to assert the willful misconduct defense for preventable injuries that do occur.  \n■ Beyond the handbook. To emphasize important safety policies that cannot be covered in an employee handbook, conduct regular safety meetings where employees are educated about the rules and regulations regarding safety and the consequences of not adhering to them.  \nACC DOCKET APRIL 2018 59  \nThis resulted in an exchange between Burdette and Prejean in which Burdette insisted he could use controlled descent—a skill required by the employer for emergency situations—and had indeed done so numerous times in the past. However, there was a hitch: Burdette previously misrepresented his ability to perform the skill. Ultimately, Burdette performed a controlled descent and injured himself in the process. He then applied for workers’ compensation benefits under Georgia law.  \nThe ensuing case went all the way to the Georgia Supreme Court and ultimately redefined the “willful misconduct” defense, an area of the law with which both employers and employees should be familiar with. Willful misconduct is a broad term used to encompass a number of behaviors that, if engaged in by an employee, can bar a claim for injury, no matter how severe. This article will discuss a number of those behaviors, as well as the evolution of the defense and some recent major developments on  \nthe topic among the courts. The hope is that both employers and employees will gain a better understanding of the defense through the information provided, and will be able to identify  \nexactly the type of conduct that not only can result in severe injury on-thejob, but will also bar an employee from receiving medical treatment and/or lost-time benefits to which they otherwise may have been entitled.  \nWorkers’ compensation law varies by state, but many US states, coastto-coast, provide for a willful misconduct defense. While the authors of this article practice in Georgia andwill drill down on Georgia’s Workers’Compensation Act, it is worthwhile to spend some time taking a nationwide look at similar, and dissimilar systems, where the strategies may be employed.  \nCalifornia, for example, is generally known to be a very employer-friendly state. There, willful misconduct allows employers to apportion or share the responsibility for an on-the-job accident. Lab","cbCaiv8jJqXL406z","https://ap.wps.com/l/cbCaiv8jJqXL406z","pdf",308877,"English","# The Varying Forms of the Defense\n## Willful Misconduct Defense: Overview and Cheat Sheet\n## Georgia Case Background and Impact\n## Nationwide Comparison: California and Alabama","[{\"question\":\"What happened to Adrian Burdette that led to the workers’ compensation claim?\",\"answer\":\"He was instructed to climb down a tower rather than use controlled descent. Although he claimed he could perform the skill, he had previously misrepresented that ability, and he injured himself while performing the controlled descent.\"},{\"question\":\"What are the main types of willful misconduct defense discussed?\",\"answer\":\"The article highlights several areas, including willful misconduct related to on-the-job accidents, misrepresentation or concealment of physical condition, and defense strategies supported by safety-focused environments, warnings, and regular safety meetings.\"},{\"question\":\"How do the defense rules differ across states according to the article?\",\"answer\":\"The article notes variations by state, citing California’s employer-friendly framework that allows apportionment or shared responsibility, and Alabama’s statute limiting indemnity defenses under § 25-5-51.\"}]","ACC Docket April 2018 - The Varying Forms of the Defense - Willful Misconduct Defense | PDF",1789732915,25]