State of Tennessee ex rel. Flowers/Newman v. Tennessee Trucking Association Self Insurance Group Trust et al. In re: T.L. Green v. Western Express, Incorporated

This action for workers’ compensation benefits has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) (Supp. 2007) for a hearing and report of findings of fact and conclusions of law. The claimant seeks workers’ compensation benefits for the death of his wife, a long distance truck driver, who died after leaping from the cabin of her tractor trailer on a mountainous stretch of highway. Her employer’s workers’ compensation insurance carrier is in liquidation. As part of the liquidation process, the chancery court assigned the claim to a referee for a report of findings of fact and conclusions of law. The referee concluded that the wife’s death did not arise out of her employment. The chancery court affirmed the denial of benefits, but on the grounds that the Liquidator had established that the wife’s death was due to willful misconduct. The claimant appeals. This appeal presents two issues: 1) whether the claimant’s tardiness in filing objections to the referee’s findings of fact and conclusions of law was due to excusable neglect, and 2) whether the chancery court erred in holding that the Liquidator met its burden of proof for establishing the willful misconduct defense. Upon review, we hold that the claimant’s late filing was due to excusable neglect. In addition, we hold that the Liquidator failed to establish that the wife’s death was due to willful misconduct. Accordingly, we reverse the chancery court’s holding on both issues and remand for a new hearing.