Wright v. Gunther Nash Mining Construction Co.

OPINION

FONES, Justice.

This is a workers’ compensation case in which two related issues have been raised. The first is whether defendant’s action leading to his death constituted “willful misconduct” or “willful failure or refusal to use a safety appliance” as those terms are contemplated in T.C.A. § 50-910. The second is whether decedent’s death arose out of his employment in consideration of the unnecessary and dangerous method he chose to perform his job duties.

The trial judge held that decedent’s conduct did rise to the level of “willful” and further held that his death did not arise out…