At MIJS, we strive to make certain that insured employers understand our mutual goals in defending workers’ compensation claims, so that the employers can participate in the defense by gathering documents, locating witnesses, and developing light duty jobs so as to minimize exposure for workers’ compensation claims. In addition, we are able to advise employers regarding risk management, workers’ compliance and coverage issues.
MIJS Sponsors “Light the Way” to Graduate Marietta
We are honored to be sponsors for the Light the Way 5K. Run, walk, or push a stroller in the 5K or 1-Mile and help the Marietta Kiwanis raise funds to support literacy and “Light the Way” to Graduate Marietta!
If you or your running team is interested in fundraising for Light The Way, go to http://www.active.com/donate/lighttheway.
Moore, Ingram, Johnson & Steele is a Gold sponsor for the Atlanta Community Ministries
Moore, Ingram, Johnson & Steele is a Gold sponsor for the Atlanta Community Ministries – Anniversary event. For over twenty years, ACM has existed to see all Christ-followers shining their unique lights as brightly as possible, transforming lives so that everyone experiences God’s love more deeply. The Anniversary Event is an opportunity to celebrate how God has used ACM over the past two decades while looking ahead to the expanding opportunities of the future.
Learn more http://www.atlantacommunityministries.org/the-anniversary-event/
Georgia Supreme Court Workers’ Compensation Decision Restores Willful Misconduct Defense for Employers
Yesterday the Georgia Supreme Court issued a unanimous decision reversing the Court of Appeals’ decision in Chandler Telecom LLC v. Burdette, breathing new life into one of the few defenses available to Georgia employers – the “willful misconduct” defense. This is a huge win for employers and insurers because it preserves the “willful misconduct” defense, which was at risk of being judicially eliminated even though it is expressly provided for by statute. Moore Ingram Johnson & Steele authored an Amicus Brief to the Georgia Supreme Court in support of the employer/insurer’s appeal, on behalf of Georgia Workers’ Compensation Association, Associated General Contractors of Georgia, Georgia Manufacturer’s Association, Georgia Mining Association, Georgia Paper & Forest Products Association, and Georgia Poultry Federation.
In the unanimous Supreme Court decision, the Court reversed the Court of Appeals’ decision which had reversed the Superior Court, State Board of Workers’ Compensation, and ALJ’s award denying workers’ comp. benefits because the injured employee disregarded his supervisor’s instructions not to use ropes and harnesses to descend from the cell tower. The employee ignored the express instructions by his supervisor not to descend down the stairs and instead, started a controlled descent down over his supervisor’s objection. During the process, the employee fell a great distance to the ground causing serious injuries.
Workers’ Compensation benefits were denied based on the willful misconduct defense, but the Court of Appeals reversed, holding that the employer failed to prove the employee’s intentional violation of an employer rule and a supervisor’s instruction rose to the level of “quasi criminal” conduct and awarded workers’ compensation benefits to the employee. The Supreme Court’s Opinion reversed the Court of Appeals’ decision and remanded the case back to the Workers’ Comp. Board for the Board to make a determination as to whether the employee’s intentional violation of the employer’s instructions was “either with the knowledge that it is likely to result in serious injury, or with a wanton and reckless disregard of its probable consequences.” The Supreme Court indicated that if the Board makes either of the foregoing findings, the claim should be denied. Although the Supreme Court specifically stated that they are not suggesting all intentional violations of employer rules bar compensation, the Supreme Court does state, “an intentional violation does bar compensation when done either with the knowledge it is likely to result in serious injury, or with a wanton and reckless disregard of its probable injurious consequences.”
Regards,
Robert D. Ingram
Partner
Shane Mayes has been selected to the 2017 Georgia Rising Stars list
Shane Mayes has been selected to the 2017 Georgia Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.
The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.