Baker v. Frozen Food Express Transport

981 S.W.2d 101, 63 Ark. App. 100, 1998 Ark. App. LEXIS 605
CourtCourt of Appeals of Arkansas
DecidedSeptember 23, 1998
DocketCA 98-200
StatusPublished
Cited by3 cases

This text of 981 S.W.2d 101 (Baker v. Frozen Food Express Transport) 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
Baker v. Frozen Food Express Transport, 981 S.W.2d 101, 63 Ark. App. 100, 1998 Ark. App. LEXIS 605 (Ark. Ct. App. 1998).

Opinion

Margaret Meads, Judge.

Appellant appeals from a decision of the Arkansas Workers’ Compensation Commission, which held it did not have jurisdiction over her claim and dismissed her claim for benefits.

In March 1995, Maudie Baker, an Alabama resident, was employed as an over-the-road truck driver for appellee Frozen Food Express Transport (FFE), a Texas company. In the performance of her job duties, appellant traveled the forty-eight contiguous states and Canada. She sustained an injury on June 24, 1995, at a truck stop in Earle, Arkansas, when her truck was hit by another truck attempting to park. Appellant notified FFE, and a wrecker took her truck back to Texas. Appellant rode with the wrecker driver. Appellant received medical treatment and indemnity and medical benefits through August 23, 1996, under the Conwell Voluntary Employee Benefit Plan, which provided benefits for employees who sustained injury due to an accident in the course and scope of their employment.1 On August 26, 1996, Conwell denied appellant’s request for an extension of benefits and notified her that any further medical treatment would have to be approved by her health insurance carrier. Subsequently, appellant filed a claim for workers’ compensation benefits in Arkansas seeking temporary total disability and medical expenses. At the hearing on appellant’s claim, FFE contended that Arkansas has no jurisdiction.

Appellant testified that she resides in Alabama and was hired in Georgia by FFE, whose main office is in Dallas, Texas. She said she had occasion during her employment to drive through Arkansas twice a week from March until June. There were other FFE trucks on the road in Arkansas, and there was a designated fuel stop in West Memphis at which other FFE drivers were present. The accident occurred while appellant was in her employer’s truck parked at a truck stop in Earle, Arkansas, taking a DOT-mandated eight-hour break. She testified further that she thought she was making a delivery in Arkansas, but could not remember where, and that FFE had a drop yard (a yard full of both empty and loaded FFE trailers) in Arkansas, but she could not tell the law judge where the yard was. The yard has no supervisory personnel and is strictly a place where a driver goes to pick up a trailer.

On June 30, 1997, the law judge issued an opinion which denied and dismissed appellant’s claim on the finding that the Arkansas Workers’ Compensation Commission had no jurisdiction over her claim. The law judge relied upon International Paper Co. v. Tidwell, 250 Ark. 623, 466 S.W.2d 488 (1971); McKeag v. Hunt Transp, Inc., 36 Ark. App. 46, 818 S.W.2d 581 (1991); and Patton v. Brown & Root, Inc., 31 Ark. App. 141, 789 S.W.2d 745 (1990), and stated:

In short, the respondent-employer is not localized in Arkansas, and it does not have an office or facility which exercises general supervision and control over its employees in Arkansas. The contract of hire between the claimant and the respondent-employer was made in Georgia. Although the respondent — employer has trucks traveling on highways in Arkansas and occasionally making delivers [sic] in Arkansas, the Court’s decision in McKeag, supra, compels a conclusion that these activities are not sufficient to link the claimant’s employment with the State of Arkansas. Moreover, the respondent-employer has not engaged in sufficient activity in the State of Arkansas for this State to regulate the actual enterprise of the company. Thus, even though the claimant’s injury may have occurred in Arkansas, this is not sufficient to establish a link between the claimant’s employment and Arkansas. Therefore, I find that the statutory presumption of jurisdiction in this State has been rebutted and that a preponderance of the evidence fails to establish that the Arkansas Workers’ Compensation Law can be applied to this claim.

The full Commission affirmed and adopted the law judge’s opinion.

For reversal, appellant first argues that the Commission has jurisdiction over her claim because her injury occurred in Arkansas. Neither party has cited us to any case in which the sole connection to the State of Arkansas was the place of injury, and appellee admits there is not a single case directly on point.

The question of whether the Workers’ Compensation Commission has jurisdiction of a claim is a mixed question of fact and law; as far as the factual determinations are involved, the findings of the Commission are conclusive if supported by substantial evidence. International Paper Co. v. Tidwell, supra. The issue is not whether we might have reached a different result or whether the evidence would have supported a contrary finding; if reasonable minds could reach the Commission’s conclusion, we must affirm its decision. Bearden Lumber Co. v. Bond, 1 Ark. App. 65, 644 S.W.2d 321 (1983).

The purpose of our workers’ compensation laws is to pay benefits to legitimately injured workers who suffer an injury arising out of and in the course of their employment. Ark. Code Ann. § 11-9-101 (b) (Repl. 1996). Under prior law in existence before the effective date of Act 796 of 1993, “employment” was defined as “every employment carried on in the state” (Ark. Code Ann. § 11 — 9— 102(3) (A) (1987)), and under prior decisions the application of the act was limited to harms arising out of employments carried on in Arkansas. Patton, supra. The courts found that the employment and not merely the employee must be connected to Arkansas. McKeag, supra; Patton, supra. Further, under prior law the statutory provisions were liberally applied. Ark. Code Ann. § 11-9-704(c)(3) (Supp. 1991); Patton, supra. Under the new law, “employment” is defined as “every employment in the state,” Ark. Code Ann. § 11-9-102(12)(A) (Repl. 1996), and “administrative law judges, the commission, and any reviewing courts shall construe the provisions of [the Arkansas Workers’ Compensation Law] strictly.” Ark. Code Ann. § 11-9— 704(c)(3) (Repl. 1996).

Here, appellant is an Alabama resident, who was hired in Georgia by appellee, a Texas company. FFE is neither localized nor does it maintain an office exercising general supervision and control over its employees while in Arkansas. Although appellant testified that she “thought” she was making a delivery in Arkansas, that is not a strong enough link with Arkansas to cause our workers’ compensation law to be applied in this case. McKeag, supra. Neither do we think, under a strict construction of our workers’ compensation law, that having a designated fuel stop in West Memphis, trucks on the road in Arkansas, and a drop yard without supervisory personnel provide that link. Thus, under the facts of this case, the statutory basis needed for the Commission’s jurisdiction is lacking.

We recognize that appellant has argued that McKeag, supra, is distinguishable because the employment-related injury in the instant case occurred in Arkansas. However, we do not think that requires us to reverse the Commission’s decision. McKeag cited International Paper Co. v. Tidwell, 250 Ark.

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Related

Wentz v. Service Master
57 S.W.3d 753 (Court of Appeals of Arkansas, 2001)
Baker v. Frozen Food Express Transport
987 S.W.2d 658 (Supreme Court of Arkansas, 1999)

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Bluebook (online)
981 S.W.2d 101, 63 Ark. App. 100, 1998 Ark. App. LEXIS 605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-frozen-food-express-transport-arkctapp-1998.