The Supreme Court of Tennessee ruled that an employer isn’t liable for workers’ compensation benefits because they failed to use an automated external defibrillator (AED) that was available to help an employee who was suffering from a non-employment related medical emergency.

Katherine D. Chaney worked for Team Technologies, Inc. and collapsed at work because of a heart condition that was not related to her employment. Her employer called emergency responders and though there was an AED, they did not use it to help her. The first responders were able to revive her, but she suffered a permanent brain injury because of a lack of oxygen to her brain. She sought workers’ compensation benefits.

Her employer said that her injury did not arise out of the course and scope of her employment, and that they were not required to use their AED. Chaney argued that her injury was caused because of their failure to use an AED and said her claim was compensable under the emergency rule, which states that an employer may be liable for an employee’s non-work-related injury if the employer fails to provide medical assistance to an employee in urgent need of medical care.

The Supreme Court clarified the emergency rule, saying that an employer may be liable if they fail to provide reasonable (not any and all) medical assistance to an employee going through a medical emergency. They determined that her employer provided reasonable medical assistance by calling emergency medical responders. They had no obligation to use their AED. The goal of the Tennessee statues that encourage businesses to acquire AEDs was intended to make them more available but does not require employers to acquire them or use them. The Court sent it to the trial court for dismissal.

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