Bell v. Tri-Lakes Services

61 S.W.3d 867, 76 Ark. App. 42, 2001 Ark. App. LEXIS 833
CourtCourt of Appeals of Arkansas
DecidedNovember 28, 2001
DocketCA 01-412
StatusPublished
Cited by3 cases

This text of 61 S.W.3d 867 (Bell v. Tri-Lakes Services) 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
Bell v. Tri-Lakes Services, 61 S.W.3d 867, 76 Ark. App. 42, 2001 Ark. App. LEXIS 833 (Ark. Ct. App. 2001).

Opinion

JOHN B. ROBBINS, Judge.

Dayne Bell was employed by appel-lee Tri-Lakes Services when he died in a motor-vehicle accident on August 30, 1999. Dayne’s parents, appellants Bobby Bell and Vanessa Walker, filed a workers’ compensation claim seeking medical and funeral expenses. After a hearing, the Commission found that Dayne’s death was not compensable because they failed to prove by a preponderance of the evidence that Dayne was performing employment services at the time of the fatal accident. The appellants argue that this ruling was erroneous. We agree, and we reverse and remand for an award of benefits.

Where a claim is denied because the claimant has failed to show entitlement to compensation by a preponderance of the evidence, the substantial-evidence standard of review requires us to affirm the Commission if its opinion displays a substantial basis for the denial of relief. Stephenson v. Tyson Foods, Inc., 70 Ark. App. 265, 19 S.W.3d 36 (2000). In determining the sufficiency of the evidence, we review the evidence in the light most favorable to the Commission’s findings and affirm if they are supported by substantial evidence. Cooper v. Hiland Dairy, 69 Ark. App. 200, 11 S.W.3d 5 (2000). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Id.

Bobby Bell testified at the hearing. He stated that Dayne had worked as a laborer for Tri-Lakes Services for three weeks and a day prior to his death. Tri-Lakes Services has several job sites throughout the southern United States, and for the first three weeks of his employment Dayne worked in Bastrop, Louisiana. Dayne lived in DeQueen, Arkansas, and stayed in Louisiana during his assignment in that state.

August 30, 1999, was Dayne’s first day to work in Valliant, Oklahoma, which according to Mr. Bell is about an hour’s drive from DeQueen. On that evening, Mr. Bell received a telephone call from Dayne’s supervisor, Greg Winer, who told him that Dayne had been involved in an accident shortly before noon. Mr. Winer explained to Mr. Bell that he had sent Dayne to Tri-Lakes’ shop in Gillham, Arkansas, to retrieve some tools for a job in DeQueen. Dayne was driving his personal truck at the time of the accident, which occurred between Valliant and DeQueen. Mr. Bell testified that Gillham is near DeQueen and that, to get to Gillham, Dayne’s travel would have taken him through DeQueen.

John Helms, Jr., president of Tri-Lakes Services, testified that his employees do not travel on a daily basis, although travel is occasionally required. He further testified that employees are not compensated for travel expenses. On the morning of August 30, 1999, he directed Mr. Winer to report to the shop in Gillham and load equipment for a job in DeQueen that was to begin the next day. Mr. Winer then sent Dayne to Gillham to assist in the loading process, and Mr. Winer followed about thirty minutes later.

Prior to being sent to Gillham, Dayne had already worked several hours in Valliant. Mr. Helms testified that sometimes employees are directed to travel from one site to another on the same day, and that had Dayne refused to go to Gillham “he would have been out of fine.” Mr. Helms indicated that it could have taken as long as three or four hours for Dayne to complete his assignment of loading tools. If Dayne had completed the assignment, he would have been given the option to either finish the work day doing odd jobs around the shop, or go home. The task of loading tools was a necessary job, and since Dayne did not load the tools, Mr. Helms did it himself.

Mr. Helms stated that employees are expected to work at least ten hours per day. However, based on payroll records Dayne was paid for only four hours on the day of the accident. Mr. Helms testified, “Based on what I know, his workday had ended in Val-liant, Oklahoma.”

The appellants argue on appeal that the Commission erred in denying compensability based on its finding that Dayne was not performing employment services at the time of his death. Arkansas Code Annotated section 11-9-102 (5) (A) (i) (Repl. 1996) defines a compensable injury as, “An accidental injury causing internal or external physical harm . . . arising out of and in the course of employment and which requires medical services and results in disability or death.” Excluded from the definition of “compensable injury” are any injuries sustained at a time when employment services were not being performed. See Ark. Code Ann. § 11-9— 102(5)(B)(iii) (Repl. 1996). The test for determining whether an employee was acting within the “course of employment” at the time of the injury requires that the injury occur within the time and space boundaries of the employment, when the employee is carrying out the employer’s purpose or advancing the employer’s interests, directly or indirectly. Olsten Kimberly Quality Care v. Pettey, 328 Ark. 381, 944 S.W.2d 524 (1997). The appellants submit that Dayne was acting within the course of his employment and carrying out his employer’s interests at the time of the accident, and that therefore the accident was compensable. The appellants’ argument has merit.

In Olsten Kimberly Quality Care v. Pettey, supra, the appellee was employed as a nursing assistant and was required to travel in her own vehicle to patients’ homes to provide nursing services. She was involved in an automobile accident while traveling to the home of the first scheduled patient for the work day, and the accident was found by the Commission to be compensable. Notwithstanding the fact that the appellee was not compensated for her travel time, the supreme court affirmed the Commission’s decision. In holding that the appellee was performing employment services, the supreme court relied on the fact that the travel was a necessary part of appellee’s employment and that the travel was clearly for the benefit of her employer.

In Crossett Sch. Dist. v. Fulton, 65 Ark. App. 63, 984 S.W.2d 833 (1999), the appellee was a school teacher who arrived at work and began her duties of supervising children before school. Before the bell rang to begin school, she was given an assignment that involved reading instructions in fine print, so she left the building to retrieve reading glasses from her car. On the way back to the building, she slipped on ice and was injured, and the Commission found the injury to be compensable. We affirmed, holding that the appellee was performing employment services because she had already begun working and was taking efforts to complete an assignment when the injury occurred.

In the instant case, as in Olsten Kimberly Quality Care v. Pettey, supra, the claimant was required to travel for the benefit of his employer. Moreover, as in Crossett Sch. Dist. v. Fulton, supra, the claimant’s accident occurred after he began his employment duties that day but before the work day was scheduled to end.

This case is distinguishable from other automobile accident cases where compensation was denied. In Campbell v. Randal Tyler Ford Mercury, Inc., 70 Ark. App. 35, 13 S.W.3d 916

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Bluebook (online)
61 S.W.3d 867, 76 Ark. App. 42, 2001 Ark. App. LEXIS 833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-v-tri-lakes-services-arkctapp-2001.