The instructor will provide students three to four legal opinions (court decisions) that demonstrate key legal risks associated with managing injured employees. Students should pick two of these cases and prepare a written case brief for each opinion. Case briefs should be approximately one page in length, but shall not exceed two. The instructor will provide supplemental information and examples concerning expectations for this assignment.
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. Section 5-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This matter was initially tried by the trial court on November 29, 1999, and the trial court found in favor of employer/defendant State Industries due to employee’s failure to use a mandated safety procedure. On appeal, the Workers’ Compensation Panel articulated a new four-prong standard to be applied when employers assert the affirmative defense of willful failure or refusal to use a safety appliance.
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