Arkansas Methodist Hospital v. Hampton

205 S.W.3d 848, 90 Ark. App. 288, 2005 Ark. App. LEXIS 267
CourtCourt of Appeals of Arkansas
DecidedMarch 23, 2005
DocketCA 04-988
StatusPublished
Cited by14 cases

This text of 205 S.W.3d 848 (Arkansas Methodist Hospital v. Hampton) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arkansas Methodist Hospital v. Hampton, 205 S.W.3d 848, 90 Ark. App. 288, 2005 Ark. App. LEXIS 267 (Ark. Ct. App. 2005).

Opinion

Wendell L. Griffen, Judge.

Arkansas Methodist Medical Center (the hospital) and Casualty Guaranty Fund for Reciprocal of America appeal from the award of workers’ compensation benefits to appellee, Sandra Hampton. Their sole argument is that the Arkansas Workers’ Compensation Commission erred in determining that appellee was performing employment services when she was injured in a fall at work while going to obtain meals for herself and her co-workers during their twelve-hour shift. We hold that appellee’s activities served at least to indirectly advance the interests of her employer. Thus, we affirm the Commission.

Background Pacts

Appellee was a registered nurse in the Intensive Care Unit (ICU) of the Arkansas Methodist Medical Center in Paragould, Arkansas. The ICU is an eight-patient unit where each licensed nurse is assigned two patients. There must be a minimum of two licensed nurses in the unit at all times. Appellee was one of eight licensed nurses who worked a twelve-hour shift, from 7:00 a.m. to 7:00 p.m., with no scheduled breaks. The practice was for the nurses to clock in at approximately 6:45 a.m. and to immediately begin reviewing reports from the outgoing nurses. Appellee was required to visually check her two patients at various intervals, review their charts, and observe their monitors.

Because the nurses received no scheduled breaks, they took turns picking up breakfast for the unit from the hospital cafeteria at approximately 7:15 a.m. The food was taken to the ICU break-room and eaten while the nurses worked on the patients’ charts. The break-room was enclosed in glass, allowing the nurses to be in visual contact with their patients at all times.

On the morning of December 12, 2002, appellee was one of three licensed nurses on duty in the ICU. She left the unit at approximately 7:15 a.m. because it was her turn to pick up breakfast. The ICU is located on the first floor of the hospital; the cafeteria is located in the basement. Appellee took the stairs to the cafeteria because it was the quickest route. She injured her hip when she tripped on a metal transport cart that was left in front of the stairwell door. She ultimately had hip replacement surgery and had not been released to return to work at the time of the hearing in this case.

Appellee acknowledged before the Administrative Law Judge (ALJ) that the hospital did not prohibit employees from bringing food into the hospital or from eating at their work stations. She also admitted that she did not go to the cafeteria at the direction of her supervisor. Further, she stated that she performed her job duties in the ICU. Appellee conceded that once she was out of the ICU she could not monitor her patients, hear the monitors sound, or respond to a call light. She testified that when she went to get breakfast, she did not “dawdle” and that it was important to get the food and return to the ICU quickly.

Kelly Blake, the hospital’s Human Resources Director, testified that the nurses are allowed to go to the cafeteria, but are not required to do so. She further testified that employees are allowed to take short breaks, for which they are paid, and may leave the hospital to retrieve items from their cars. She confirmed that ICU nurses work the complete twelve-hour shift without any scheduled breaks.

The ALJ denied benefits and concluded that appellee was not performing employment services at the time of her injury. The ALJ cited the following factors: 1) appellee’s work station was on the first floor, in the ICU unit, and involved ICU patients; 2) the cafeteria was not on the same floor as the ICU; 3) the hospital did not mandate that its employees purchase food from the cafeteria; 4) appellee was not at the location of her job when she was injured; 5) she could have brought food with her to eat at her work station or could have eaten breakfast before she arrived.

The Commission reversed the ALJ and concluded that the ALJ erroneously relied on the fact that the hospital did not require its employees to purchase food in the cafeteria and that the cafeteria was on the first floor. The Commission relied, first, on the fact that the hospital required the ICU nurses to work a twelve-hour shift with no scheduled breaks, which meant appellee could not have left the premises to eat. Thus, the Commission found that the hospital could not have reasonably expected that the ICU nurses would not eat for a twelve-hour period, should have expected them to utilize the hospital cafeteria, and in essence, acquiesced to that practice.

The Commission expressly relied upon our decision in Ray v. University of Arkansas, 66 Ark. App. 177, 990 S.W.2d 558 (1999), in which we held that a cafeteria worker was performing employment services when she slipped and fell on a puddle of salad dressing during a paid break. There, we relied on the fact that the worker would have been required to cease her personal activities if a university student needed assistance. Id. Applying Ray to the instant case, the Commission concluded that appellee was within the time and space boundaries of her employment when she was injured because she was “on the clock,” did not leave the hospital, and could have been asked to assist another patient or hospital employee while she was out of the unit. The Commission maintained that because appellee was required to work a twelve-hour shift with no break, the hospital expected her to advance its interests no matter where she was in the hospital.

The Commission also concluded that the hospital directly benefited from appellee obtaining breakfast for the other nurses, reasoning that the hospital’s purpose of offering quality patient care was furthered because only one nurse was away from the unit. Thus, the Commission found that, as in Ray, the benefit was directly related to the job that appellee performed and held that appellee was performing employment services when she was injured.

Discussion

In reviewing decisions from the Workers’ Compensation Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission’s findings, and we affirm if the decision is supported by substantial evidence. Whitlach v. Southland Land & Dev., 84 Ark. App. 399, 141 S.W.3d 916 (2004). Substantial evidence exists if reasonable minds could reach the same conclusion. Id. 1

A compensable injury is an accidental injury causing internal or external harm that arises out of and in the course of employment. Ark. Code Ann. § 11-9-102(4)(A)(I) (Supp. 2003). A compensable injury does not include an “[ijnjury which was inflicted upon the employee at a time when employment services were not being performed.” Ark. Code Ann. § 11-9-102(4) (B) (iii). An employee is performing employment services when he or she is doing something that is generally required by his or her employer. Collins v. Excel Spec. Prods., 347 Ark 811, 69 S.W.3d 14 (2002).

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Bluebook (online)
205 S.W.3d 848, 90 Ark. App. 288, 2005 Ark. App. LEXIS 267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arkansas-methodist-hospital-v-hampton-arkctapp-2005.