Beck v. Brower

Townsend, Judge.

1. It is the settled law of this State that Code § 114-105 barring an employee from the benefits of the workmen’s compensation law where the injuries result from his wilful misconduct, or wilful failure or refusal to perform a duty required by statute, places the burden on the employer to show that the breach was wilful, and that it takes something more than mere negligence, or even gross negligence, to carry this burden, although the proof that the conduct was wilful and wanton is carried by a preponderance of evidence so indicating.

2. The controlling case on this question as…