DAMON HAWKS V. LISA CHRISTIAN, ET AL. - Articles

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Posted by: Stacey Shrader Joslin on Jun 20, 2016

Court: TN Workers Comp Appeals

Attorneys 1:

Michael L. Haynie, Nashville, Tennessee, for the appellants, Eric Christian, Lisa Christian, Christian Construction, Inc., and Auto Owners Insurance Company.

Attorneys 2:

Matt McFarland, Nashville, Tennessee, for the appellee, Damon Hawks.

Judge(s): COTTRELL

In this workers' compensation case, the employee sustained an injury in the course of his employment when he fell off a roof. His employer denied the employee's claim for workers' compensation benefits pursuant to Tennessee Code Annotated section 50-6-110 because the employee failed to use a required safety appliance. The trial court found that the employee provided a valid excuse for failing to wear the required equipment and awarded benefits. The employer has appealed. Pursuant to Tennessee Supreme Court Rule 51, the appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. We reverse the judgment of the trial court.

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