Standring v. Town of Skowhegan

2005 ME 51, 870 A.2d 128, 2005 Me. LEXIS 52
CourtSupreme Judicial Court of Maine
DecidedApril 8, 2005
StatusPublished
Cited by6 cases

This text of 2005 ME 51 (Standring v. Town of Skowhegan) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Standring v. Town of Skowhegan, 2005 ME 51, 870 A.2d 128, 2005 Me. LEXIS 52 (Me. 2005).

Opinions

ALEXANDER, J.

[¶ 1] Kevin C. Standring appeals from a decision of a hearing officer of the Workers’ Compensation Board (Elwin, HO) that denied his petitions for incapacity and medical benefits. He contends that the hearing officer erred in concluding that his [129]*129injury, which occurred during the course of a physical agility test to secure a promotion from reserve to full-time police officer, did not arise out of and occur in the course of his employment as a police officer. Because we conclude that the hearing officer applied an incorrect standard in determining whether the injury at issue arose out of and occurred in the course of Standring’s employment as a police officer, we vacate the hearing officer’s decision.

I. CASE HISTORY

[¶ 2] The hearing officer found that Kevin Standring was employed as a reserve police officer for the Town of Skowhegan. While on duty, a reserve police officer performs the same functions and possesses the same authority as a full-time patrol officer. A reserve officer has no set number of hours and receives no benefits beyond pay for hours served as a reserve officer. Standring earned an average of slightly more than $300 a week as a reserve officer.

[¶ 3] In July 2002, a full-time patrol officer position became available. The hearing officer found that Standring and two other reserve officers applied for promotion to the full-time patrol officer position. A physical agility test was a required part of the application process. Standring and the two other reserve officers participated in the physical agility test in August 2002. During the course of this test, Standring suffered a heart attack. Following the heart attack, Standr-ing underwent surgery, followed by an eight-week rehabilitation program. The hearing officer found that Standring “returned to work” as a reserve officer in December 2002. He was hired as a full-time patrol officer in April 2003,1 but then left employment for reasons unrelated to this case in June 2003.

[¶ 4] While undergoing cardiac rehabilitation therapy in November 2002, Standr-ing filed petitions for award with the Workers’ Compensation Board, seeking incapacity and medical benefits. The hearing officer denied the petitions, concluding that Standring’s heart attack during the physical agility test did not arise out of and occur in the course of his employment. The reasons for the hearing officer’s conclusions were that: (1) Standring was not being paid for his time taking the physical agility test; (2) he was not required to take that test to remain a reserve officer; (3) he was not guaranteed a promotion to the full-time position if he passed the test; (4) he was free to discontinue the test at any time and thus was not under the control of his employer; and (5) the “benefit Employer received from Employee’s taking of the PAT does not rise to the level at which a contract of employment should be implied.”

[¶ 5] To support her conclusions, the hearing officer cited only a 1987 intermediate appellate court case, Boyd v. City of Montgomery, 515 So.2d 6, 7 (Ala.Civ.App.1987). In Boyd, an applicant for a police position, who had no connection with the police department, was injured during a physical agility test. Id. The appeals court found that this injury, to one who was not an employee, was not a compensable, job-related injury. Id.

[¶ 6] The hearing officer applied this precedent to bar Standring’s claim, although she had found that Standring (1) “was a reserve officer at the time of his injury”; (2) had an established average weekly wage; and (3) after rehabilitation [130]*130“returned to work for Employer as a reserve officer.”

[¶ 7] Pursuant to 39-A M.R.S.A. § 322 (2001) and M.RApp. P. 23, we granted Standring’s petition for appellate review.

II. LEGAL ANALYSIS

[¶ 8] The workers’ compensation law provides that when an employee “receives a personal injury arising out of and in the course of employment ... the employee must be paid compensation and furnished medical and other services by the employer.” 39-A M.R.S.A. § 201(1) (2001). Pursuant to 39-A M.R.S.A. § 102(11)(A) (2001), an employee is broadly defined to include officials of state and municipal governments and “every person in the service of another under any contract of hire, express or implied, oral or written,” subject to a number of exceptions not relevant to this case.2

[¶ 9] The hearing officer’s reliance on a case involving a job applicant who had no connection to the employer suggests that the hearing officer did not fully consider the significance of the ongoing employment relationship that she found to exist between Standring and the Town. A job applicant who has no employment relationship with an employer, and is injured in the course of applying for a job, is not eligible for payment of workers’ compensation benefits as an employee. When a person has an existing, ongoing employment relationship with an employer, an injury, may be compensable, even if it occurs during a time when the employee is not being paid, but only if that injury is one “arising out of and in the course of employment.” 39-A M.R.S.A. § .201(1).

[¶ 10] We extensively discussed the parameters for resolving whether an injury arises out of and occurs in the course of employment in Comeau v. Maine Coastal Services, 449 A.2d 362, 365-67 (Me.1982).3 In Comean, we noted that the term “in the course of’ employment relates to the time, place, and circumstances under which an injury occurs, the place where the employee reasonably may be in performance of the employee’s duties, and whether it occurred while fulfilling those duties or engaged in something incidental to those duties. Id. at 365. We then noted that the term “arising out of’ employment means that there must be some causal connection between the conditions under which the employee worked and the injury, or that the injury, in some proximate way, had its origin, its source, or its cause in the employment. Id. We further noted that the employment need not be the sole or predominant causal factor for the injury and that the causative circumstance need not have been foreseen or expected. Id. at 365-66.

[¶ 11] We outlined a number of considerations that may be examined in determining whether a particular injury arises out [131]*131of and in the course of employment. Id. at 367. These factors were:

(1) Whether at the time of the injury the employee was promoting an interest of the employer, or the activity of the employee directly or indirectly benefited the employer.
(2) Whether the activities of the employee work to the benefit or accommodate the needs of the employer.
(3) Whether the activities were within the terms, conditions or customs of the employment, or were acquiesced in or permitted by the employer.
(4) Whether the activity of the employee serves both a business and personal purpose, or represents an insubstantial deviation from the employment.
(5) Whether the hazard or causative condition can be viewed as employer or employee created.

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Bluebook (online)
2005 ME 51, 870 A.2d 128, 2005 Me. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/standring-v-town-of-skowhegan-me-2005.