Blue Water Catfish, Inc. v. Hall

While I agree with the opinion, I also find the willful misconduct defense a compelling reason to reverse the judgment of the trial court.

Section 25-5-51, Ala. Code 1975, provides that "no compensation shall be allowed for an injury . . . caused by the willful misconduct of the employee." This court, in Sun Papers,Inc. v. Jerrell 411 So.2d 790 (Ala.Civ.App. 1981), defined "willful misconduct":

" 'Wilful' misconduct, as used in § 25-5-51, ' "includes all conscious or intentional violations of definite law or definitely prescribed rules of conduct, as to which obedience is not discretionary, as…