2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Article 1 - General Provisions
§ 34-9-17. Grounds for Denial of Compensation; Burden of Proof in Establishing Grounds for Denial

1. No compensation shall be allowed for an injury or death due to the employee's willful misconduct, including intentionally self-inflicted injury, or growing out of his or her attempt to injure another, or for the willful failure or refusal to use a safety appliance or perform a duty required by statute.
2. No compensation shall be allowed for an injury or death due to intoxication by alcohol or being under the influence of marijuana or a controlled substance, except as may have been lawfully prescribed by a physician for such employee and taken in accordance with such prescription:
   1. If the amount of alcohol in the employee's blood within three hours of the time of the alleged accident, as shown by chemical analysis of the employee's blood, urine, breath, or other bodily substance, is 0.08 grams or greater, there shall be a rebuttable presumption that the accident and injury or death were caused by the consumption of alcohol;
   2. If any amount of marijuana or a controlled substance as defined in paragraph (4) of Code Section 16-13-21, Code Sections 16-13-25 through 16-13-29, Schedule I-V, or 21 C.F.R. Part 1308 is in the employee's blood within eight hours of the time of the alleged accident, as shown by chemical analysis of the employee's blood, urine, breath, or other bodily substance, there shall be a rebuttable presumption that the accident and injury or death were caused by the ingestion of marijuana or the controlled substance; or
   3. If the employee unjustifiably refuses to submit to a reliable, scientific test to be performed in the manner set forth in Code Section 34-9-415 to determine the presence of alcohol, marijuana, or a controlled substance in an employee's blood, urine, breath, or other bodily substance, then there shall be a rebuttable presumption that the accident and injury or death were caused by the consumption of alcohol or the ingestion of marijuana or a controlled substance.
3. With the exception of the rebuttable presumptions set forth above, the burden of proof shall be generally upon the party who claims an exemption or forfeiture under this Code section.

(Ga. L. 1920, p. 167, § 14; Code 1933, § 114-105; Ga. L. 1990, p. 1147, § 1; Ga. L. 1994, p. 887, § 2; Ga. L. 1996, p. 1291, § 4.)

- For article surveying Georgia cases in the area of workers' compensation from June 1979 through May 1980, see 32 Mercer L. Rev. 261 (1980). For article surveying developments in Georgia workers' compensation law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 323 (1981). For annual survey of workers' compensation law, see 57 Mercer L. Rev. 419 (2005). For survey article on workers' compensation law, see 59 Mercer L. Rev. 463 (2007). For annual survey of workers' compensation, see 68 Mercer L. Rev. 333 (2016). For annual survey on decisions impacting workers' compensation, see 69 Mercer L. Rev. 357 (2017). For annual survey on worker's compensation, see 71 Mercer L. Rev. 345 (2019). For note discussing alcoholism and suicide as intentionally self-inflicted injuries under this chapter, in light of Bullington v. Aetna Cas. & Sur. Co., 122 Ga. App. 842, 178 S.E.2d 901 (1970), see 8 Ga. St. B. J. 107 (1971). For note on the 1994 amendments of this Code section, see 11 Ga. St. U.L. Rev. 204 (1994). For comment on Hall v. Kendall, 81 Ga. App. 592, 59 S.E.2d 421 (1950), see 13 Ga. B. J. 245 (1950). For comment on Pacific Indem. Ins. Co. v. Eberhardt, 107 Ga. App. 391, 130 S.E.2d 136 (1963), see 26 Ga. B. J. 111 (1963).

ANALYSIS

• General Consideration
• Willful Misconduct Generally
• Self-Inflicted Injury
• Attempt to Injure Another
• Intoxication
• Safety Appliances
• Breach of Rule Approved by Board

RESEARCH REFERENCES

Am. Jur. 2d.

- 82 Am. Jur. 2d, Workers' Compensation, §§ 576, 635 et seq.

- 100B C.J.S., Workers' Compensation, § 1454 et seq.

- Serious and willful misconduct of employee as bar to compensation, 4 A.L.R. 116.

Workmen's compensation: compensation to workmen injured through smoking, 5 A.L.R. 1521.

Presumption against suicide in workmen's compensation cases, 5 A.L.R. 1680; 36 A.L.R. 397.

Workmen's compensation: provision denying compensation for injury through willful failure to use guard, or safety appliance, 9 A.L.R. 1377.

Workmen's compensation: right to compensation in case of injuries sustained through horseplay, or fooling, 13 A.L.R. 540; 20 A.L.R. 882; 36 A.L.R. 1469; 43 A.L.R. 492; 159 A.L.R. 319.

Workmen's compensation: injury from assault, 15 A.L.R. 588; 21 A.L.R. 758; 29 A.L.R. 437; 40 A.L.R. 1122; 72 A.L.R. 110; 112 A.L.R. 1258; 172 A.L.R. 997.

Workmen's compensation: injury received while doing prohibited act, 23 A.L.R. 1161; 26 A.L.R. 166; 58 A.L.R. 197; 83 A.L.R. 1211; 119 A.L.R. 1409.

Workmen's compensation: injury to employee temporarily leaving car or vehicle of employer for reasons personal to himself, 32 A.L.R. 806.

Presumption against suicide in workmen's compensation cases, 36 A.L.R. 397.

Workmen's compensation: effect of employee's intoxication, 43 A.L.R. 421.

Workmen's compensation: right of employee to compensation for injuries received while acting in an emergency, 50 A.L.R. 1148.

Workmen's compensation: neglect or improper self-treatment as affecting right to or amount of compensation, 54 A.L.R. 637.

Workmen's compensation: employee temporarily engaged in personal business, 66 A.L.R. 756.

Workmen's compensation: deviation on personal errand as affecting question whether injury to employee on street or highway arose out of and in the course of employment, 76 A.L.R. 356.

Workmen's compensation: presumption or inference that accidental death of employee arose out of and in course of employment, 120 A.L.R. 683.

Workmen's compensation: injury or death of employee resulting from conduct of one to whom he had delegated performance of his duty, 148 A.L.R. 708.

Workmen's compensation: what amounts to "culpable negligence," or negligence other than "wilful," or "serious and wilful misconduct," within provision of act precluding compensation, 149 A.L.R. 1004.

Suicide as compensable under Workmen's Compensation Act, 15 A.L.R.3d 616.

Workers' compensation: injuries incurred during labor activity, 61 A.L.R.4th 196.

Eligibility for workers' compensation as affected by claimant's misrepresentation of health or physical condition at the time of hearing, 12 A.L.R.5th 658.

Workers' compensation: coverage of employee's injury or death from exposure to the elements - modern cases, 20 A.L.R.5th 346.

Violation of employment rule barring claim for workers' compensation, 61 A.L.R.5th 375.

Right to workers' compensation for physical injury or illness suffered by claimant as result of sudden mental stimuli - Right to compensation under particular statutory provisions and requisites of, and factors affecting, compensability, 109 A.L.R.5th 161.

Right to workers' compensation for physical injury or illness suffered by claimant as result of nonsudden mental stimuli - Compensability of particular physical injuries or illnesses, 112 A.L.R.5th 509.

Compensability under occupational disease statutes of emotional distress or like injury suffered by claimant as result of nonsudden stimuli, 113 A.L.R.5th 115.

Right to workers' compensation for physical injury or illness suffered by claimant as result of nonsudden mental stimuli - Requisites of, and factors affecting, compensability, 13 A.L.R.6th 209.

Workers' compensation: Validity, construction, and application of statutes providing that worker who suffers workplace injury and subsequently tests positive for alcohol impairment or illegal drug use is not eligible for workers' compensation benefits, 22 A.L.R.6th 329.