MITCHELL v. FAYETTEVILLE PUBLIC UTILITIES

No. M2011-00410-SC-R3-WC.

368 S.W.3d 442 (2012)

Troy MITCHELL v. FAYETTEVILLE PUBLIC UTILITIES.

Supreme Court of Tennessee, at Nashville.

May 8, 2012.


Attorney(s) appearing for the Case

B. Duane Willis, Jr. , Nashville, Tennessee, for the appellant, Fayetteville Public Utilities.

Sonya W. Henderson , Murfreesboro, Tennessee, for the appellee, Troy Mitchell.


OPINION

GARY R. WADE, J., delivered the opinion of the Court, in which CORNELIA A. CLARK, C.J., WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined. JANICE M. HOLDER, J., filed a separate dissenting opinion.

The trial court awarded workers' compensation benefits to an injured lineman who had violated a rule requiring the use of protective gloves while in a bucket lift. The employer appealed, contending that the statutory defenses of willful misconduct and...

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