Compliance Corner As Simply Research subscribers know, in Georgia, workers’ compensation does not provide benefits for an injury or accident resulting from an employee’s willful misconduct (i.e. fighting, horseplay, willful act of third party for […]

McKay v. Inalfa Roof Systems, Inc. et al., and the Fine Tuning of the Rycroft Defense By Bryce McCarter Introduction The Rycroft defense has long been considered a strong protection for employers handling workers’ compensation claims involving […]

📘 Legal Framework Topic Details Governing Law O.C.G.A. Title 34, Chapter 9 Regulatory Body Georgia State Board of Workers' Compensation (SBWC) Key Rules SBWC Rules & Regulations; Insurance Commissioner Rule 120-2-3 🧾 Claims Handling Guidelines […]

By Daniel Richardson  Introduction  Few situations are more frustrating than an injured worker who repeatedly fails to attend scheduled medical appointments while continuing to receive temporary total disability (TTD) benefits. When faced with this scenario, […]

Though it has always been a difficult defense to apply, the common law Rycroft defense – whereby an employer/insurer can outright deny a claim in its entirety – has now become even more limited in its […]

Do You Know the Rule? The Georgia Supreme Court articulated a three-part test for determining when fraud in the inducement will bar an employee’s claim for benefits. In Georgia Electric Company v. Rycroft, 378 SE2d 111 (Ga. 1989), […]

What Do You Think? Georgia’s Rycroft defense can help an employer avoid paying workers’ compensation benefits in certain circumstances where the employee made a fraudulent misrepresentation about her pre-existing physical injuries. But what happens if the company […]

Introduction On January 31, 2025, the Georgia Court of Appeals decided a workers compensation claim, Taylor v. Argos, USA. The central issue was whether the employee should have been awarded TTD benefits when he refused to […]