Courser v. Darby School Dist. No. 1

692 P.2d 417, 214 Mont. 13, 1984 Mont. LEXIS 1119
CourtMontana Supreme Court
DecidedDecember 7, 1984
Docket84-186
StatusPublished
Cited by26 cases

This text of 692 P.2d 417 (Courser v. Darby School Dist. No. 1) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Courser v. Darby School Dist. No. 1, 692 P.2d 417, 214 Mont. 13, 1984 Mont. LEXIS 1119 (Mo. 1984).

Opinions

MR. JUSTICE MORRISON

delivered the Opinion of the Court.

Claimant, Byron J. Courser, filed a petition to recover compensation benefits for a severe head injury. Workers’ Compensation Court ruled the injuries were compensable. Defendant appeals.

Byron Courser, Claimant, has been an elementary school teacher in the Darby School District No. 9 since 1970. His responsibilities included teaching, coaching, art instruction, and administrative duties.

During the spring of 1981, Claimant entered an individual employment contract with the District that provided for an “annual salary” to be paid in ten or twelve monthly installments according to the employee’s preference. By its terms, this contract was subject to a master contract negotiated between the Claimant’s union and the School District. The salary schedule encouraged teachers to pursue graduate degrees since promotion was based on advanced education as well as tenure. Prior approval by the school administration of all proposed graduate programs was required.

Speculating early retirement of the principal, School District officials urged Courser to complete a master’s degree to become eligible for that administrative opening. In the summer of 1980 claimant entered a master’s program at Western Montana College based upon encouragement from the District’s superintendent and the principal of the elementary school. Pursuant to the approval requirement of the master contract, the District superintendent reviewed [15]*15and approved claimant’s degree program and selected courses. Concurrently, the superintendent granted a salary increase to become effective upon completion of the 1981 summer courses, even though the master’s program remained incomplete.

Claimant’s wife testified that he had worked for the Forest Service for the past fourteen summers and would have returned to this summertime work if his School District superiors had not strongly recommended that he complete his master’s degree.

Claimant started the academic summer session in June 1981. He lived in the dorms on the Western Montana College campus in Dillon, Montana, and commuted home to his wife and two children every weekend. On Sunday evening, June 26, 1981, returning to Dillon on his motorcycle, Claimant sustained a severe closed head injury in a single vehicle accident. The left temporal lobe of his brain was severely damaged resulting in no short-term memory greater than thirty seconds. Claimant’s injury resulted in his permanent placement in Warm Springs State Hospital. Defendant agreed at the pretrial that claimant’s injuries rendered him permanently and totally disabled but denied the injury was work-related and denied coverage.

Claimant filed a petition in the Workers’ Compensation Court. By agreement of the parties the case was submitted upon briefs, depositions and exhibits.

On March 26, 1984, Judge Reardon entered his Findings of Facts and Conclusions of Law and Judgment ruling that claimant’s injury was work-related and compensable. Claimant was awarded attorney’s fees and costs, but denied an increased award due to defendant’s wrongful denial.

The single issue presented on appeal is whether claimant’s motorcycle accident in which the head injury occurred was sustained while he was in the scope and course of his employment for Darby School District No. 9.

Determination of compensability of Courser’s injuries focuses on a single dispositive question: whether or not [16]*16Courser’s summer school graduate program at Montana Western College in Dillon is a work-related activity. It is undisputed that Courser was injured while driving to his master’s degree courses in Dillon. If this Court decides that there is substantial evidence for the graduate program to be related to Courser’s teaching and administrative responsibilities in the Darby school, his resultant injuries are compensable.

This Court adheres to the “going and coming” rule as a well-established principle in Workers’ Compensation law which denies compensation benefits for injuries sustained by an employee traveling to or from the regular work place. Hagerman v. Galen State Hospital (1977), 174 Mont. 249, 251, 570 P.2d 893, 894. Under one of the recognized exceptions to the “going and coming” rule, Workers’ Compensation law recognizes compensation benefits for injuries sustained during travel necessitated by performance of a special assignment which is incidental to the employee’s regular employment. Steffes v. 93 Leasing Co. (1978), 177 Mont. 83, 580 P.2d 450. Here the claimant was returning to Dillon and the injuries were incurred within the course and scope of employment if the schooling in Dillon was job related.

The standard of review of Workers’ Compensation cases is whether substantial, credible evidence supports the Workers’ Compensation Court decision. Green v. C.R. Anthony & Co. (Mont. 1981), 634 P.2d 629, 630. The spirit of Workers’ Compensation legislation to compensate the injured worker, requires that we review the facts in the light most favorable to the claimant.

Controlling factors repeatedly relied upon to determine a work-related injury include: (1) whether the activity was undertaken at the employer’s request; (2) whether employer, either directly or indirectly, compelled employee’s attendance at the activity; (3) whether the employer controlled or participated in the activity; and (4) whether both employer and employee mutually benefited from the activ[17]*17ity. The presence or absence of each factor, may or may not be determinative and the significance of each factor must be considered in the totality of all attendant circumstances. Shannon v. St. Louis Board of Education (1979), 577 S.W.2d 949, 951-2.

It is clear from the record that Courser was encouraged to pursue the master’s degree program. His superintendent and principal strongly urged him to take the graduate courses to assure his eligibility for a principal position at the Darby school.

The Arizona Court of Appeals found injuries sustained while returning home from a training seminar compensable, focusing on the employer’s authorization and encouragement to attend the course and held:

“From the record it is clear that the respondents were at least strongly urged to attend the seminar. We hold that considering the evidence in its totality, there is sufficient indicia of employment-related activity to support the finding that the respondents sustained their injuries while in the course of their employment.” Johnson Stewart Mining Co. v. Industrial Co. (1982), 133 Ariz. 424, 652 P.2d 163, 167-68.

The mutual benefit element is sufficiently supported in the record. Courser was to receive a salary increase for his completion of the summer graduate courses. The School District, Courser’s employer, received the benefit of maintaining a highly-qualified teaching faculty and of grooming someone for one of the District’s administrative positions.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Michalak v. Liberty Northwest Ins. Corp.
2008 MT 3 (Montana Supreme Court, 2008)
Heath v. Montana Municipal Insurance Authority
1998 MT 111 (Montana Supreme Court, 1998)
Connery v. Liberty Northwest Ins. Corp.
929 P.2d 222 (Montana Supreme Court, 1996)
Carrillo v. Liberty Northwest Insurance
922 P.2d 1189 (Montana Supreme Court, 1996)
Barthule v. Karman
886 P.2d 971 (Montana Supreme Court, 1994)
Delbridge v. SALT RIVER PROJECT AGR. IMP.
893 P.2d 46 (Court of Appeals of Arizona, 1994)
Dale v. Trade Street, Inc.
854 P.2d 828 (Montana Supreme Court, 1993)
Whittington v. Ramsey Construction & Fabrication
744 P.2d 1251 (Montana Supreme Court, 1987)
Hetland v. Magnum Petroleum
733 P.2d 343 (Montana Supreme Court, 1987)
Gulbraa v. Alco Energy Products
731 P.2d 1302 (Montana Supreme Court, 1987)
Ogren v. Bitterroot Motors, Inc.
723 P.2d 944 (Montana Supreme Court, 1986)
Wagner v. Glasgow Livestock Sales Co.
722 P.2d 1165 (Montana Supreme Court, 1986)
Wagner v. Glascow Livestock Sales C
Montana Supreme Court, 1986
Courser v. Darby School Dist. No. 1
692 P.2d 417 (Montana Supreme Court, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
692 P.2d 417, 214 Mont. 13, 1984 Mont. LEXIS 1119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/courser-v-darby-school-dist-no-1-mont-1984.