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O'Connell Law Firm, LLC Decatur Workers’ Compensation Lawyer
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The Rycroft Defense in Decatur Workers’ Compensation Cases – What is It and Where Can Injured Decatur Workers Go for Help with Their Workers’ Compensation Cases?

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In 1989, the Georgia Supreme Court made an important ruling that would affect injured workers across the state, including those who live and work in Decatur. The ruling established the “Rycroft defense” in Georgia workers’ compensation cases, a legal defense to an injured worker’s workers’ compensation claim. But what exactly is the Rycroft defense? And where can injured workers in Decatur go for legal help if they are pursuing workers’ compensation benefits in Decatur? We answer those questions here.

The Rycroft Defense: Glimpse into Decades Old Legal Precedent with a Modern-Day Example

A recent workers’ compensation case in Decatur helps demonstrate the implications of the Rycroft defense on Georgia workers’ compensation claims. On June 11, 2021, an assembly line operator at Georgia employer Inalfa Roof Systems was injured on the job, suffering a back injury. Inalfa allowed her to return to work, and she then suffered a subsequent workplace injury later that year while she was reaching for a part on an assembly line at the plant. The worker had represented to her employer that she did not have any prior injuries, however, this was false. She had actually been severely injured in a four-wheeler accident, and had dislocated her shoulder, and suffered spinal injuries and fractures. Inalfa assessed the worker’s fitness for the assembly line operator position based on these representations.

In the workers’ compensation case that followed the second injury, Inalfa contested the workers’ claims for workers’ compensation, arguing that she had “fraudulently concealed her past medical history when she was hired.” At the workers’ compensation hearing, Inalfa raised the Rycroft defense, arguing that since the injured worker had not disclosed her prior back injury, she should not qualify for workers’ compensation benefits. The Rycroft defense “allows an employer to deny workers’ compensation benefits if three conditions are met: (1) The employee knowingly made a false statement about their medical history; (2) The employer relied on that false statement when making the hiring decision; and (3) There is a direct connection between the false statement and the injury in question.”

Ultimately, while the Georgia State Board of Workers’ Compensation sided with Inalfa, and that decision was affirmed at the superior court-level, the Georgia Court of Appeals reversed the decision, holding that “Once an employer learns of an employee’s misrepresentation and chooses to retain them, they waive the right to use the Rycroft defense for future injuries.” The case is an important development for the rights of injured workers in Georgia, and throughout Decatur.

Getting Legal Help with Your Workers’ Compensation Case in Decatur

If you are in the Decatur area and you need legal help with your Decatur workers’ compensation case, contact the experienced Decatur workers’ compensation lawyers at the O’Connell Law Firm. The experienced Decatur workers’ compensation lawyers at the O’Connell Law Firm are here to help Decatur workers get workers’ compensation benefits due to them. Contact the O’Connell Law Firm today and speak to a lawyer about your case now.

Source:

insurancebusinessmag.com/us/news/legal-insights/employee-with-prior-hidden-injury-history-wins-workers-compensation-case-in-georgia-527033.aspx

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