A Tennessee workers compensation appeals board upheld medical benefits and attorney fees for a temporary worker who was seriously injured after going onto a catwalk to inspect a tank without first disabling automated cranes, rejecting his employer’s argument that the conduct amounted to willful misconduct.
The Tennessee Workers’ Compensation Appeals Board on Thursday affirmed and remanded Harris v. Express Employment Professionals, finding the employer had not shown it was likely to prevail on the defense.
The worker, who was assigned by Express Employment Professionals to a manufacturing facility, suffered broken ribs, a lacerated liver and a collapsed lung in October 2025 when a crane pinned him against a tank.
Express argued the worker violated a safety rule by being on the catwalk while the crane was operating in automated mode. The board, however, said the company failed to provide sufficient evidence that the alleged rule existed, was enforced or was known to the worker.
Express authorized treatment at a walk-in clinic, where a provider referred him to specialists in pulmonology, psychiatry, neurology and orthopedics. The company provided an orthopedic panel but denied the other referrals and later denied the claim, citing alleged cannabis use and willful misconduct.
The board also found the company lacked a supportable legal or factual basis when it initially refused to honor three of the specialist referrals and upheld an award of attorney fees for the unreasonable denial of treatment.