Travelers Insurance Co. v. Gaither

Birdsong, Judge.

Workers’ Compensation. This appeal follows the award of benefits in favor of the appellee by an administrative law judge and subsequent affirmances of that award by the full Board of Workers’ Compensation and the Superior Court of Muscogee County. Held:

1. The determinative issue before this court is whether the appellee’s injury was due to his own "wilful misconduct” and therefore not compensable, as contemplated by Code Ann. § 114-105. The evidence, viewed most favorably toward upholding the award, shows that the appellee was negligent in attempting to cross a railroad track…