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Injured worker’s safety lapse not proven willful misconduct, comp board says - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Injured worker’s safety lapse not proven willful misconduct, comp board says by Louise Esola Workers Comp Coverage , Workplace Safety Jul 10, 2026 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. Related News FedEx worker loses bid for additional comp benefits July 10, 2026 Law school tells AI to take a seat as courts battle made-up law July 10, 2026 Calif. employers anticipate comprehensive reforms in 2027 July 10, 2026 EU greenlights Zurich’s $10.8B Beazley acquisition July 10, 2026 Intact’s cat losses 150% more than projected in Q2 July 10, 2026 New measures aim to woo foreign reinsurers to China July 10, 2026 Marsh completes buyout of Thailand joint venture July 10, 2026 Perils reduces January windstorm loss estimate to $535M July 10, 2026 Typhoon forces widespread travel cancellations July 10, 2026 Facebook-f X-twitter Linkedin-in Business Insurance is a singular, authoritative news and information source for executives focused upon risk management, risk transfer and risk financing. Never miss important news: Become a Business Insurance Online subscriber today Subscribe Now Information About Us Contact Advertise Privacy Policy Terms & Conditions Copyright 2026. BUSINESS INSURANCE HOLDINGS Member, Beacon International Group, Ltd.
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