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and (5) intoxication. Keep in mind that the burden is on the
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employer/insurer to prove these defenses. A brief summary of each of
these defenses follows.

§3.1 Employee Misconduct
Certain employee misconduct, such as committing a crime or
intentionally engaging in activities outside the scope of employment,

may give the employer/insurer a defense to avoid paying workers’
compensation benefits. This defense usually involves “horseplay” on the
job. For example, if an employee is performing an errand for his

employer but is injured in a motor vehicle accident while participating in
a drag race, the employer is probably going to have a legitimate defense

to the claim. However, the misconduct must be the “proximate cause” of
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the accident. Proximate cause is a legal term, but generally means that
the injury directly flowed from the misconduct.

§3.2 Intentionally Self-Inflicted Injuries
This section needs little explanation. Someone who intentionally
injures himself is not likely to receive workers’ compensation benefits.
For example, if an employee attempts to or commits suicide on the job,

then the employer/insurer will probably not be required to pay benefits.
There is, however, a distinction between self-inflicted injuries and

injuries resulting from negligent accidents. Self-infliction indicates an
intention to injure one’s self. An accident occurring due to negligence is
not intentional. For example, if you are a meat cutter and accidentally

cut your arm with a meat saw, this was self-inflicted, but not intentional.

35 O.C.G.A. § 34-9-17.
36 Cornell-Young v. Minter, 168 Ga. App. 325 (1983).
37 See Home Indem. Co. v. White, 154 Ga. App. 225 (1980).
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