Eugene Stubblefield v. City of Millersville, et al.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff re-injured his back while operating a jackhammer allegedly in violation of his lifting limitations.  The thrust of the defense centered on the asserted misconduct of the plaintiff. The trial judge disallowed the defense. We affirm.