Texarkana School District v. Conner

264 S.W.3d 579, 100 Ark. App. 100, 2007 Ark. App. LEXIS 676
CourtCourt of Appeals of Arkansas
DecidedOctober 3, 2007
DocketCA 06-1211
StatusPublished
Cited by3 cases

This text of 264 S.W.3d 579 (Texarkana School District v. Conner) 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
Texarkana School District v. Conner, 264 S.W.3d 579, 100 Ark. App. 100, 2007 Ark. App. LEXIS 676 (Ark. Ct. App. 2007).

Opinions

D.P. Marshall Jr., Judge.

A gate fell on Ronnie Conner, a custodian for the Texarkana School District, and broke his leg in two places. He sought medical and temporary total disability benefits. The Administrative Law Judge found that Conner failed to prove by a preponderance of the evidence that he sustained a com-pensable injury because, at the time of his injury, he was not providing employment services to the District. The Workers’ Compensation Commission reversed the ALJ’s decision, and the District appeals.

I.

Conner has worked as a custodian for the District for more than twenty-five years. His primary duties at Texarkana High School included emptying trash cans, cleaning bathrooms, and cleaning the cafeteria. As part of his work, Conner carried a walkie-talkie and keys to all the locks at the school, including the locks on the gates outside the school.

Conner generally worked from 7:00 a.m. to 4:00 p.m. and took a lunch break from 11:30 a.m. to 12:30 p.m. He was not required to stay on campus during his lunch hour. But if he did, Conner generally ate lunch in the cafeteria and was “on-call” to clean up any spills or messes that occurred. His lunch break was unpaid time.

On the day of his injury, Conner left the school at the beginning of his lunch hour to go to the bank. When he returned to the school about fifteen minutes later, a truck was blocking the main entrance to the lot in which he normally parked. The school had other parking areas, but Conner preferred to park in that particular lot because it was close to his work area. This lot has two entrances: the main entrance, where a guard shack is located, and a back entrance closed by a locked, iron gate. After seeing that the front entrance was blocked by the truck, Conner drove to the back entrance and unlocked the gate. When the gate opened, it fell on Conner, breaking his leg in two places. Conner could not work for more than seven months as a result of his serious injury.

II.

The District contested Conner’s request for workers’ compensation benefits, asserting that he was not performing employment services at the time of his injury. The ALJ agreed and found Conner’s injury not compensable. The ALJ found that Conner was not advancing his employer’s interest because: (1) no one else was attempting to enter or leave the parking lot when he opened the gate; and (2) his employer would probably rather have had the back gate closed for security reasons, given that a guard shack was located only at the front gate. The ALJ also found that Conner was outside the time and space boundaries of his employment when he was injured and that, in the many years that Conner had worked for the District, he had never been asked to unlock this gate — that was the guard’s job.

The Commission reversed the ALJ’s decision. It concluded that, at the time of his injury, Conner had returned to his employer’s premises and was providing a service to his employer by allowing access to the parking lot. The Commission also concluded that Conner was “on-call” because he was on the school grounds, carrying his walkie-talkie, and subject to being required to do work for the District even though he was on his lunch break.

III.

This case turns on whether Conner was performing employment services when he was injured during a break. In reviewing decisions from the Workers’ Compensation Commission, we view the evidence and all reasonable inferences therefrom in the light most favorable to the Commission’s findings, and we affirm if substantial evidence supports the decision. Arkansas Methodist Hospital v. Hampton, 90 Ark. App. 288, 293, 205 S.W.3d 848, 852 (2005). Substantial evidence ¿xists if reasonable minds could reach the same conclusion as the Commission. Ibid. Because substantial evidence does not support the Commission’s decision, we reverse.

A compensable injury does not include an “[ijnjury which was inflicted upon the employee at a time when employment services were not being performed . . . Ark. Code Ann. § 11-9-102(4)(B)(iii) (Supp. 2005). An employee is performing employment services when he or she is doing something generally required by his or her employer. Ark. Methodist Hosp., 90 Ark. App. at 294, 205 S.W.3d at 853. Conner was performing employment services if his injury occurred within the time and space boundaries of the employment when he was carrying out the District’s purposes or advancing its interests directly or indirectly. Collins v. Excel Specialty Products, 347 Ark. 811, 817, 69 S.W.3d 14, 18 (2002).

Under our prior law, Conner’s injury would have been compensable under the premises exception to the going-and-coming rule. Under that exception, although an employee was injured before he reached the place where he worked, the injury was sustained in the course of his employment if he was on the employer’s premises. Wentworth v. Sparks Regional Medical Center, 49 Ark. App. 10, 13, 894 S.W.2d 956, 957 (1995). We have made clear, however, that Act 796 of 1993 eliminated the premises exception to the going-and-coming rule. Hightower v. Newark Public School System, 57 Ark. App. 159, 164, 943 S.W.2d 608, 610 (1997). We therefore turn to the precedents dealing specifically with employees injured during breaks.

Our cases seem to point in different directions. On one hand, we and the supreme court have held injuries compensable when the employee is required to stay on his or her employer’s premises and perform duties, if the need arises, during the break. E.g., Ray v. University of Arkansas, 66 Ark. App. 177, 990 S.W.2d 558 (1999); Wallace v. West Fraser South, 365 Ark. 68, 225 S.W.3d 361 (2006). In these cases, the employee’s presence and availability advanced the employer’s interest. On the other hand, we have held injuries not compensable when the employer receives no benefit from the activity being performed during the break or when the activity is not inherently necessary for the performance of the employee’s job, even though his or her presence or action benefits the employer. E.g., McKinney v. Trane Co., 84 Ark. App. 424, 429, 143 S.W.3d 581, 585 (2004); Smith v. City of Fort Smith, 84 Ark. App. 430, 435, 143 S.W.3d 593, 596-97 (2004). We must explore these precedents in some detail to decide where Conner’s case fits.

The Commission found this case similar to Ray v. University of Arkansas. There, this court held that a cafeteria worker was performing employment services when she slipped in the cafeteria during a fifteen-minute break. Ray was required to remain on her employer’s premises during breaks, was paid for her breaks, and was required to assist students during her breaks if the need arose. 66 Ark. App. at 180-82, 990 S.W.2d at 560-62.

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Related

North Little Rock School District v. Lybarger
308 S.W.3d 651 (Court of Appeals of Arkansas, 2009)
Texarkana School District v. Conner
284 S.W.3d 57 (Supreme Court of Arkansas, 2008)
Texarkana School District v. Conner
264 S.W.3d 579 (Court of Appeals of Arkansas, 2007)

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Bluebook (online)
264 S.W.3d 579, 100 Ark. App. 100, 2007 Ark. App. LEXIS 676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texarkana-school-district-v-conner-arkctapp-2007.