GARY DINGUS v. GRAND PIANO AND FURNITURE COMPANY, ET AL. - Articles

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GARY DINGUS v. GRAND PIANO AND FURNITURE COMPANY, ET AL.

Posted by: Azya Thornton on Nov 5, 2024

Court: TN Workers Comp Appeals Board

Attorneys 1: G. Gerard Jabaley, Knoxville, Tennessee, for the employer-appellant, Grand Piano and Furniture Company.

Attorneys 2: Michael Munsey and Jackie Munsey, Abingdon, Virginia, for the employee-appellee, Gary Dingus.

Judge(s): GODKIN

In this appeal, the employer contended the employee’s willful failure to use a safety device served to bar to his workers’ compensation claim. The employee worked as a picker and lift operator for the employer. Employees in such positions were required to utilize a tether system that connected to the lift and attached to a body harness to prevent falls. While the employee was on the lift and attempting to maneuver a sofa onto a high inventory shelf, he fell approximately 20 feet to the floor, injuring his back and left leg. The employee contended that his harness was attached to the tether when he elevated the lift and attempted to place the sofa on the shelf. Conversely, the employer asserted the employee either willfully failed to properly attach the safety harness or willfully detached the safety harness before the fall, resulting in his injuries. Following a compensation hearing, the trial court determined that the employer had failed to show by a preponderance of the evidence that the employee had willfully violated the employer’s safety rules. The court concluded the employee had sustained a compensable injury and awarded benefits, and the employer has appealed. After a careful review of the record and hearing the arguments of the parties, we affirm the trial court’s order and certify it as final.

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