Linda Carten ex rel. Daniel John Carten v. MBI and/or Mr. Bult's, Inc., et al.

Case Number
W2012-01507-SC-WCM-WC

An employee died from “traumatic asphyxiation” after a front-end loader accidentally pushed him into a trailer loaded with garbage. The employee’s widow sought workers’ compensation death benefits. The employer denied that the employee was entitled to workers’ compensation benefits and raised the affirmative defenses of willful misconduct and willful failure to use a safety device. Following a trial, the trial court entered judgment in favor of the employer, and the employee’s widow appealed.  We affirm.

Authoring Judge
Judge Tony A. Childress
Originating Judge
Judge C. Creed McGinley
Case Name
Linda Carten ex rel. Daniel John Carten v. MBI and/or Mr. Bult's, Inc., et al.
Date Filed
Dissent or Concur
No
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