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Tennessee appeals board keeps Texas Mutual in Nashville injury case
The appeals board ruled that Tennessee workers' compensation court cannot decide coverage disputes under the insurance contract, sending those arguments to a court of general jurisdiction.
Tennessee's Workers' Compensation Appeals Board kept Texas Mutual Insurance Company in a workers' compensation case tied to a Texas construction worker who fell four stories from a Nashville roof, according to a decision filed July 30, 2026.
The worker slipped on ice in January 2023 and suffered injuries the trial court described as severe. After years of determining who employed him, his lawyers identified that his framing subcontractor carried a Texas Mutual policy at the time of the fall, forming the basis for the claim against the insurer.
Texas Mutual attempted to exit the case, arguing its policy applies only to injuries occurring in Texas and that a Tennessee workers' compensation court lacked personal jurisdiction to require it to answer the claim. The general contractor countered with a certificate of insurance tied to subcontracted workers, while Texas Mutual said the certificate issuer did not speak for it.
The appeals board said Texas Mutual misread its role, citing Tennessee law that treats the employer's insurer as part of the case automatically. It also said the insurer's real goal was a coverage ruling based on the insurance contract, which a workers' compensation court cannot decide, and modified the order to clarify the insurer is not an independent party as the case returns to trial court.