CompFox AI Summary
This workers' compensation appeal addresses whether an employee's willful failure to use a safety appliance bars benefits under Tenn.Code Ann. § 50-6-110(a). The Special Workers’ Compensation Appeals Panel clarifies this area by adopting a new four-element standard for employers to prove the affirmative defense of willful failure or refusal to use a safety appliance. Applying this standard to employee Wade Nance, who suffered an ankle injury after not using a lockout/tagout device, the Panel found evidence supporting three elements but insufficient proof of the employer's strict, continuous, and bona fide enforcement of the safety policy. Consequently, the trial court's judgment dismissing Nance's complaint is vacated, and the case is remanded for a new trial consistent with the newly adopted standard.
Nance v. State Industries, Inc. is a workers' compensation case decided in Tennessee Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Tennessee Supreme Court.
Full Decision Text1 Pages
This workers' compensation appeal addresses whether an employee's willful failure to use a safety appliance bars benefits under Tenn.Code Ann. § 50-6-110(a). The Special Workers’ Compensation Appeals Panel clarifies this area by adopting a new four-element standard for employers to prove the affirmative defense of willful failure or refusal to use a safety appliance. Applying this standard to employee Wade Nance, who suffered an ankle injury after not using a lockout/tagout device, the Panel found evidence supporting three elements but insufficient proof of the employer's strict, continuous, and bona fide enforcement of the safety policy. Consequently, the trial court's judgment dismissing Nance's complaint is vacated, and the case is remanded for a new trial consistent with the newly adopted standard.
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