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Cases for Case Briefs - Essay Example

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State Industries originated from safety misconduct. On June 7, 1998, complainant (Wade Nance) while performing his duties for the employer (State Industries) as a greaser suffered a fractured right ankle. Wade Nance had positioned himself on a ladder,…
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Cases for Case Briefs
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Download file to see previous pages Code Ann. Section 5-6-225 (e)(3) for hearing and writing to the Supreme Court for concrete evidence and conclusions of law. This case was initially tried on November 29, 1999 by the trial court, and the trial court verdict was in favor of employer/defendant (State Industries). This was because of employees failure to use a standard safety process. This is despite safety procedure and the training manual distributed to all employee by the employer (Courts, 2004).
On July 15, 2002, the case was brought again before the same judge. On appeal, the Workers Compensation Panel voiced a new four-prong procedure to be applied when employers assert the affirmative defense of failure to use a safety appliance in the case of Wade Nance versus State Industries and ITT Hartford Insurance Company, 33 S.W.3d 222 (Tenn. 2). The four-prong test enumerated were:-
The panel ruled that the employer had carried its burden of evidence on elements one, three, and four, and remanded the court case for a new trial on element two. On July 15, 22, the case was tried again before the same judge (Allen W. Wallace, Sr. J.) and the court determined State Industries, employer, had carried out a strict, continuous and bona fide enforcement policy (Courts, 2004).
In addition, they further had training classes, and employee had received training on safety procedure. Evidence in this case showed that some employees did not use this safety procedure even though they had a device to initiate the procedure.
The Case of Wade Nance v. State Industries originated from safety misconduct, On June 7, 1998. This case was a workers compensation appeal that had been passed on to the Special Workers Compensation Appeals Panel of the Supreme Court, as per Tenn. Code Ann. Section 5-6-225 (e)(3) for hearing. According to the events that led to the case, the employer required lock-out/tag out safety procedure and the employee ...Download file to see next pagesRead More
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