Jones v. Xtreme Pizza

245 S.W.3d 670, 97 Ark. App. 206, 2006 Ark. App. LEXIS 843
CourtCourt of Appeals of Arkansas
DecidedDecember 20, 2006
DocketCA 06-451
StatusPublished
Cited by7 cases

This text of 245 S.W.3d 670 (Jones v. Xtreme Pizza) 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
Jones v. Xtreme Pizza, 245 S.W.3d 670, 97 Ark. App. 206, 2006 Ark. App. LEXIS 843 (Ark. Ct. App. 2006).

Opinion

Wendell L. Griffen, Judge.

The Arkansas Workers’ Compensation Commission denied benefits to appellant John D. Jones because it determined that Jones was not performing employment services when he was injured because he was driving to work. We reverse the Commission’s order and remand for an award ofbenefits.

The facts in this case are not disputed. Jones, who lived in Jacksonville, Arkansas, was employed by appellee Xtreme Pizza as the general manager of a Domino’s Pizza in Bryant, Arkansas. In addition to the usual in-house duties required to operate a pizza franchise, when necessary, Jones was also required to use his personal vehicle to leave the store and purchase food ingredients.

He was also required to attend manager meetings and off-site training seminars. The manager meetings were usually held at the home of Jones’s immediate supervisor, Mr. Acklin, who lived in Conway, Arkansas. The training seminars, conducted by the franchisor, Domino’s Pizza, were usually held in hotel meeting rooms. Jones was not provided mileage or travel expenses when he attended seminars or manager meetings.

Jones suffered injuries to his neck on August 20, 2003, while on his way to the pizza store in Bryant, where he was scheduled to work at 3:00 p.m. However, Jones was not merely traveling directly from his home to work. Prior to the accident, at Acklin’s request, Jones attended both a corporate meeting in North Little Rock and a demonstration meeting at a Little Rock Domino’s. The corporate meeting began at 8:00 a.m. or 9:00 a.m. and lasted two to three hours.

After that meeting concluded, Jones met Acklin at a gas station on Highway 10 in Little Rock because Acklin did not want to drive to the Little Rock Domino’s store alone. Jones rode with Acklin to the Domino’s store on Chenal Parkway; the purpose of this meeting was to demonstrate the correct way to make a new pizza that was to be marketed. This meeting lasted approximately one-and-one-half hours. Acklin then drove Jones back to his vehicle on Highway 10. Jones called one of his employees to cover for him at the store, because he would not be there by 3:00 p.m., as scheduled.

Jones then proceeded to the Bryant store. To avoid construction on Interstate 30, he took the Stagecoach Road exit, a route that he sometimes takes when he drives directly from home to work. Approximately two blocks from the pizza store, Jones’s car was rear-ended as he stopped and waited for traffic to clear so he could make a left turn. Immediately thereafter, Jones telephoned Acklin and informed him of the accident. He then drove to Acklin’s house in Conway, pursuant to Acklin’s request, where, among other things, they discussed the wreck and issues regarding the stores. Jones reported to Acklin at that time that his upper neck was hurting; he said that Acklin knew he was going to the emergency room.

Jones did not immediately pursue a workers’ compensation claim, but did seek emergency treatment and follow-up treatment for upper neck pain, shoulder pain, and headaches. He missed work from September 9, 2003, until November 10, 2003. He then returned to work and continued to work untiljanuary 16, 2004, at which time he left appellee’s employ due to an unspecified problem that he had with Acklin that was unrelated to his injury. After Jones left appellee’s employ, he claimed entitlement to workers’ compensation benefits. The employer controverted Jones’s claim, and a hearing was held before an Administrative Law Judge (ALJ).

Jones was the sole witness at the hearing. The ALJ found Jones’s undisputed testimony credible and determined that he proved entitlement to benefits from September 9, 2003, through November 10, 2003, noting an objective finding of muscle spasms in Jones’s medical records. The ALJ awarded benefits, concluding that Jones’s activity in driving to the Bryant store following the training seminar furthered appellee’s interests, and thus, constituted employment services.

The Commission reversed on the sole basis that Jones was not performing employment services at the time of the accident. The Commission reasoned:

At the time of the injury the claimant was driving to work. Earlier in the day the claimant had attended a management meeting and a new product demonstration. The claimant was not injured during either of these activities which took place away from the claimant’s store. The claimant was no longer attending managerial meetings and he was not in route [sic] to or from a new product demonstration when he had an accident. After this meeting and demonstration, the claimant could have returned home had he not been scheduled to work that afternoon. Accordingly, we cannot find that the claimant’s activities from the morning have any bearing upon the claimant’s status at the time of the wreck. In our opinion, the claimant’s morning activities of managerial meetings and new product demonstrations had ended. Had he not been scheduled to work, the claimant’s work day would have ended at that time. After these meetings, the claimant’s job duties and his responsibilities were not to resume until he arrived at his store in Bryant. At the time of his injury the claimant was merely driving to work like he usually did every day he was scheduled to work. At the time of the accident the claimant was not on the clock nor was he in any manner performing any activity that either directly or indirectly advanced his employer’s interest other than going to work.

(Emphasis added.) Thus, the Commission denied benefits because it concluded that Jones was not performing employment services when he was injured. The sole issue in this case is whether Jones was performing employment services at the time of the accident or whether he is precluded by the going-and-coming rule from receiving benefits because he was on his way to work.

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 Commission’s conclusion. Id. When a claim is denied because the claimant has failed to show an entitlement to compensation by a preponderance of the evidence, the substantial-evidence standard of review requires us to affirm if the Commission’s opinion displays a substantial basis for the denial of relief. Id.

We reverse the Commission’s decision and remand for an award of benefits because reasonable minds could not have reached the Commission’s conclusion on the facts before us. To be compensable under workers’ compensation law, an injury must arise out of and in the course of employment. Ark. Code Ann. § 11-9-102(4)(A)(i) (Supp. 2001). An injury is not compensable if it was inflicted upon an employee at a time when employment services were not being performed. Id. § 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 Specialty Prods., 347 Ark. 811, 69 S.W.3d 14 (2002).

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Bluebook (online)
245 S.W.3d 670, 97 Ark. App. 206, 2006 Ark. App. LEXIS 843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-xtreme-pizza-arkctapp-2006.