Texarkana School District v. Conner

284 S.W.3d 57, 373 Ark. 372, 2008 Ark. LEXIS 310
CourtSupreme Court of Arkansas
DecidedMay 8, 2008
Docket07-1068
StatusPublished
Cited by32 cases

This text of 284 S.W.3d 57 (Texarkana School District v. Conner) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Texarkana School District v. Conner, 284 S.W.3d 57, 373 Ark. 372, 2008 Ark. LEXIS 310 (Ark. 2008).

Opinion

Donald L. Corbin, Justice.

The present appeal is before us on a petition for review from a 4-2 decision of the Arkansas Court of Appeals reversing a decision by the Arkansas Workers’ Compensation Commission that Appellee Ronnie R. Conner suffered a compensable injury while employed by Appellant Texarkana School District. On appeal, the primary issue to be determined is whether there was substantial evidence to support the Commission’s determination that Conner was performing employment services at the time of his injury. Our jurisdiction is pursuant to Ark. Sup. Ct. R. l-2(e). We affirm the Commission and, thus, reverse the decision of the court of appeals.

The record reflects that at the time of his accident Conner had been employed as a janitor for the District for over twenty-six years. As part of his employment duties, Conner carried a walkietalkie and keys to all the locks on the school premises, but he was primarily responsible for emptying trash cans, cleaning floors and bathrooms, and cafeteria cleanup. While Conner was not required to remain on campus for his one-hour lunch break, if he did remain on campus, he was on call and was required to provide assistance if needed.

On September 21, 2004, Conner left the school premises during his lunch break to perform a personal errand. Upon his return, Conner went to park in his usual parking lot but discovered a disabled truck blocking the main entrance to the lot. Conner then went to the back entrance of the lot that is secured by a locked gate. While attempting to unlock the gate, Conner was struck by the gate and pinned under it. As a result, Conner’s leg was broken in two places. His injury left him unable to work for seven months.

Conner sought both temporary and permanent disability benefits from the District. The District asserted Conner was not entitled to benefits because he was not performing employment services at the time of his injury. A hearing before an Administrative Law Judge was held on May 24, 2005, to determine whether Conner had sustained a compensable injury. At that hearing, Conner testified about his job duties and that his supervisor issued him a set of keys that unlocked the building’s doors, as well as the gates to the parking lot. Conner also testified that he normally eats lunch in the school cafeteria, where he can eat for free, but that if cleanup is needed, he is required to stop his lunch break and immediately tend to the cleanup. Conner admitted that he is not required to remain on the school premises, nor is he paid for his one-hour lunch break. Finally, Conner admitted that it was not part of his specific job duties to open the parking-lot gates and that he had never opened them on any prior occasion.

Following the hearing, the ALJ entered an order dated August 18, 2005, finding that Conner had not sustained a compensable injury, as he was not performing employment services at the time of his injury. The ALJ relied on Conner’s testimony that he was returning to work after performing a personal errand, and in all of his years of employment he had never before been responsible for opening the gates at the back of the parking lot.

Conner appealed the ALJ’s decision to the full Commission, and the Commission reversed, finding that Conner had been injured while performing employment services. Specifically, the Commission found that Conner had proven that his injury occurred while he was advancing his employer’s interest, and stated:

Admittedly, prior to his injury, the claimant had been on a personal errand. However, when his injury happened he had returned to the respondent’s property and was attempting to open a gate to obtain access to the respondent’s parking lot. We believe the claimant was returning to work at this point and was providing a benefit to his employer in doing so.
We reach that conclusion because the claimant was on-call, and subject to being required to perform services for the respondent any time he was on their property. The claimant testified that he was carrying a walkie talkie which kept him in communication with his superior. He also testified that even on his lunch break, if there was something which arose that needed his attention, he was required to end his break and carry out his job duties.

In addition, the Commission found it significant that Conner was using the locked gate because the normal entrance to the parking lot was blocked by a disabled truck. This fact, according to the Commission, supported a conclusion that Conner was performing a service to the District by allowing access to the parking lot. In so concluding, the Commission relied on the court of appeals’ decision in Ray v. University of Arkansas, 66 Ark. App. 177, 990 S.W.2d 558 (1999) (holding that an employee who was injured while on a personal break was performing employment services at the time of her injury because she was required to end her break and assist students if needed).

The District appealed the Commission’s decision to the court of appeals, which reversed the Commission’s order, concluding that Conner was not providing employment services at the time of his injury. Texarkana Sch. Dist. v. Conner, 100 Ark. App. 100, 264 S.W.3d 579 (2007). Conner sought and was granted review in this court. Upon a petition for review, we consider a case as though it has been originally filed in this court. Cedar Chem. Co. v. Knight, 372 Ark. 233, 273 S.W.3d 473 (2008).

In appeals involving claims for workers’ compensation, this court views the evidence in a light most favorable to the Commission’s decision and affirms that decision if it is supported by substantial evidence. Id.; Wallace v. West Fraser South, Inc., 365 Ark. 68, 225 S.W.3d 361 (2006). Substantial evidence exists if reasonable minds could reach the Commission’s conclusion. Cedar Chem., 372 Ark. 233, 273 S.W.3d 473. The issue is not whether the appellate court might have reached a different result from the Commission, but rather whether reasonable minds could reach the result found by the Commission. Wallace, 365 Ark. 68, 225 S.W.3d 361. If so, the appellate court must affirm the Commission’s decision. Id.

The sole issue presented to us on appeal is whether Conner was performing employment services at the time of his injury. The District argues that the Commission’s decision that Conner was performing employment services at the time of his injury was not supported by substantial evidence. Specifically, the District avers that Conner was returning from a personal errand, was not required to remain on the school’s premises, could have parked in a different lot, and that it was not part of his job duties to unlock the gates. Conner counters that the decision of the Commission was supported by substantial evidence that he was performing an employment service at the time of his injury.

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Bluebook (online)
284 S.W.3d 57, 373 Ark. 372, 2008 Ark. LEXIS 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texarkana-school-district-v-conner-ark-2008.