Thomas Wayne Jacobs v. Bridgestone Americas Tire Operations, LLC, et al. - Articles

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Posted by: Landry Butler on Feb 7, 2018

Court: TN Workers Comp Appeals Board

Attorneys 1:

Nicholas S. Akins, Nashville, Tennessee, for the appellant, Bridgestone Americas Tire Operations, LLC.

Attorneys 2:

James S. Higgins, Nashville, Tennessee, for the appellee, Thomas Wayne Jacobs.

Terry A. Fann, Murfreesboro, Tennessee, for the appellee, United Steel Workers Local 1055L.

Judge(s): DAVIDSON

The employee, a tire builder for a tire manufacturer and an elected union official, suffered severe burns when a co-worker poured gasoline into a “burn barrel” outside the union hall during a break. The tire manufacturer denied the employee’s claim for workers’ compensation benefits on the basis that the accident did not occur in the course and scope of his work as a tire builder. The tire manufacturer also asserted that, to the extent the employee’s injuries did occur in the course and scope of his employment, they occurred while he was performing work for the union and, therefore, the union should be responsible for any workers’ compensation benefits to which the employee might be entitled. The trial court concluded the employee was likely to prevail in establishing his injuries arose out of and occurred in the course and scope of his employment with the tire manufacturer and awarded benefits. The tire manufacturer has appealed. We affirm and remand the case.