Jay Burnett v. Builders Transportation, et al. - Articles

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Posted by: Landry Butler on Feb 8, 2018

Court: TN Workers Comp Appeals Board

Attorneys 1:

Michael W. Jones, Nashville, Tennessee, for the employer-appellant, Builders Transportation.

Attorneys 2:

Shannon L. Toon, Memphis, Tennessee, for the employee-appellee, Jay Burnett.

Judge(s): HENSLEY

The employee, a truck driver, suffered injuries when steel pipes he was delivering rolled off a flatbed trailer and struck him. The employer denied the employee’s claim for benefits, asserting the employee failed to use pipe stakes to secure the load and that such failure amounted to willful misconduct or a willful failure or refusal to use a safety device. At an expedited hearing, the parties stipulated that the only issue was whether the employee was guilty of willful misconduct, and that if not, the employee would be entitled to temporary disability and medical benefits as a result of the work-related injury. Following the hearing, the trial court awarded benefits, finding the employer did not present sufficient evidence to establish its affirmative defense and concluding the employee established he is likely to prevail at trial. The employer has appealed. We affirm the trial court’s order awarding temporary disability and medical benefits and remand the case.