In Re Worker's Compensation Claim of Barlow

2011 WY 120, 259 P.3d 1170, 2011 WL 3689363
CourtWyoming Supreme Court
DecidedAugust 24, 2011
DocketS-10-0243
StatusPublished
Cited by1 cases

This text of 2011 WY 120 (In Re Worker's Compensation Claim of Barlow) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Worker's Compensation Claim of Barlow, 2011 WY 120, 259 P.3d 1170, 2011 WL 3689363 (Wyo. 2011).

Opinion

259 P.3d 1170 (2011)
2011 WY 120

In the Matter of the WORKER'S COMPENSATION CLAIM OF James W. BARLOW, an Employee Of Grey Wolf Drilling, Inc.
James W. Barlow, Appellant (Employee/Claimant),
v.
State Of Wyoming, ex rel., Wyoming Workers' Safety and Compensation Division, Appellee (Objector/Defendant).

No. S-10-0243.

Supreme Court of Wyoming.

August 24, 2011.

*1171 Representing Appellant: Larry B. Jones of Simpson Kepler & Edwards, LLC, The Cody, Wyoming Division of Burg Simpson Eldredge Hersh & Jardine, PC, Cody, Wyoming.

Representing Appellee: Bruce A. Salzburg, Wyoming Attorney General; John W. Renneisen, Deputy Attorney General; James *1172 M. Causey, Senior Assistant Attorney General; Kelly Roseberry, Assistant Attorney General.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

VOIGT, Justice.

[¶ 1] The appellant, James W. Barlow, injured his knee while climbing into his employer-provided truck as he was preparing to leave on a work-related trip. His request for workers' compensation benefits related to his injury was denied by the Wyoming Workers' Safety and Compensation Division ("Division"), which denial was upheld on summary judgment by the Office of Administrative Hearings ("OAH"), and affirmed by the district court. We will affirm.

ISSUE

[¶ 2] Did the OAH correctly apply the "going and coming rule," as codified in Wyo. Stat. Ann. § 27-14-102(a)(xi)(D), when it granted summary judgment in favor of the Division?

FACTS

[¶ 3] The relevant facts are undisputed. The appellant was a salaried employee with Grey Wolf Drilling Company ("employer"). His employer provided him a truck to use for travel related to his job and for personal use. On December 1, 2008, as the appellant was climbing into his truck to leave for a work trip, his foot slipped and he hit his right knee on the stirrup of the truck. The injury resulted in immediate pain in the appellant's knee and required medical attention.

[¶ 4] The appellant requested workers' compensation benefits for the injury resulting from this incident, which request the Division denied. The matter was referred to the OAH, and the Division filed a motion for summary judgment. The appellant filed a response and the OAH held a hearing on the motion. The OAH granted summary judgment in favor of the Division. The appellant then filed a Petition for Review with the district court, and the district court affirmed the OAH's decision. The appellant timely appealed the matter to this court

STANDARD OF REVIEW

[¶ 5] As noted above, this matter was decided on summary judgment.

The summary judgment procedures set forth in W.R.C.P. 56 apply to worker's compensation cases, and we apply our well-established standard for reviewing summary judgments. Chavez v. Mem'l Hosp. of Sweetwater County, 2006 WY 82, ¶ 6, 138 P.3d 185, 188 (Wyo.2006). The purpose of summary judgment is to dispose of suits before trial that present no genuine issue of material fact. Id. Summary judgment motions are determined under the following language from W.R.C.P. 56(c):
The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
This Court reviews a summary judgment in the same light as the district court, using the same materials and following the same standards. Chavez, ¶ 6, 138 P.3d at 188. We view the record from the vantage point most favorable to the party who opposed the motion and give that party the benefit of all favorable inferences that may fairly be drawn from the record. Id.

Quinn v. Securitas Sec. Servs., 2007 WY 91, ¶ 8, 158 P.3d 711, 713 (Wyo.2007).

DISCUSSION

[¶ 6] The broad question raised here is whether the appellant is entitled to workers' compensation benefits for the injury he suffered as he was entering his employer-provided vehicle to leave for work. To prove entitlement to benefits, the appellant had to show that he sustained an "injury" as defined by Wyo. Stat. Ann. § 27-14-102(a)(xi) (Lexis-Nexis 2011). The definition of "injury" in that statute is:

any harmful change in the human organism other than normal aging and includes *1173 damage to or loss of any artificial replacement and death, arising out of and in the course of employment while at work in or about the premises occupied, used or controlled by the employer and incurred while at work in places where the employer's business requires an employee's presence and which subjects the employee to extrahazardous duties incident to the business.

However, the term "injury" does not include: "(D) Any injury sustained during travel to or from employment unless the employee is reimbursed for travel expenses or is transported by a vehicle of the employer[.]" Wyo. Stat. Ann. § 27-14-102(a)(xi)(D). This statute is the codification of a concept known as the "going and coming" rule, which is based on "a long-standing common law rule that injuries incurred while either going to or coming from work are not compensable unless the employer has in some fashion provided the employee with transportation or has reimbursed him for the costs of those travels." Archuleta v. Carbon Cnty. Sch. Dist. No. 1, 787 P.2d 91, 92 (Wyo.1990). This rule constitutes "a legislative determination that, while no compensable nexus with the employment is generally present when an employee is travelling between home and work, such a nexus is created where the employer has assumed the cost of that travel." Id. at 93.

[¶ 7] With these concepts in mind, we turn to the specific question before us: whether the appellant's injury was sustained while, as the statute requires, he was being "transported by a vehicle of the employer." Essentially, the question is whether the act of entering an employer-provided vehicle to embark on a work-related trip falls within the scope of "being transported by a vehicle of the employer." We have not previously addressed this specific question, as all cases in which we have considered the effect of our statutorily defined "going and coming rule" involved accidents while the employee was moving in transit. See Quinn, 2007 WY 91, 158 P.3d 711; Berg v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2005 WY 23, 106 P.3d 867 (Wyo.2005); Lloyd v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2004 WY 85, 93 P.3d 1001 (Wyo.2004); Chapman v. Meyers, 899 P.2d 48 (Wyo.1995); Richard v. State ex rel. Wyo. Workers' Comp. Div., 831 P.2d 244 (Wyo.1992); Archuleta, 787 P.2d 91; In re Jensen, 63 Wyo. 88, 178 P.2d 897 (Wyo.1947).

[¶ 8] The appellant argues that we should adopt a broad interpretation of the statutory language, asserting that "it is the relationship of the injury to the reason for providing transportation which is important, and not wether [sic] the employee is sitting in the vehicle at the time of the incident." The appellant cites two Oklahoma cases as support for his position. In the first case, F.W.A. Drilling Co. v. Ulery,

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