From Casetext: Smarter Legal Research

Shults v. Pulaski County Sp. Sch. Dist

Court of Appeals of Arkansas Division II
Oct 7, 1998
63 Ark. App. 171 (Ark. Ct. App. 1998)

Summary

reversing and remanding the Commission's decision that the custodian of a school was not performing employment services at the time of his injury because he was only entering the premises and had not yet clocked in; the evidence demonstrated that the custodian's job required him to check the alarm system when he entered the school, which is what he was doing when he fell

Summary of this case from Hudak-Lee v. Baxter County Regional Hosp

Opinion

CA 98-314

Opinion delivered October 7, 1998

1. WORKERS' COMPENSATION — STANDARD OF REVIEW — SUBSTANTIAL EVIDENCE DEFINED. — On appeal of a workers' compensation case, the appellate court must determine whether there is substantial evidence to support the Commission's decision; substantial evidence is that relevant evidence which a reasonable mind might accept as adequate to support a conclusion; the evidence is viewed in the light most favorable to the findings of the Commission and is given its strongest probative value in favor of the Commission's decision; the issue is not whether the appellate court might have reached a different conclusion from the one found by the Commission, or even whether the evidence would have supported a contrary finding; if reasonable minds could arrive at the same decision as the Commission, the decision must be upheld.

2. WORKERS' COMPENSATION — COMPENSABLE INJURY — EMPLOYMENT SERVICES — WHAT CONSTITUTES. — Act 796 of 1993 requires that the provisions of the workers' compensation statutes be strictly construed; this act excludes from the definition of "compensable injury" any injury inflicted upon the employee at a time when employment services were not being performed; an employee is performing "employment services" when he is engaging in an activity that carries out the employer's purpose or advances the employer's interests.

3. WORKERS' COMPENSATION — INJURY COMPENSABLE — CASE REVERSED AND REMANDED. — Where appellant's first duty as building custodian was to enter the building and check the alarm system, and where he hurt his knee upon entering the building, the act of entering was an activity that carried out the employer's purpose or advanced the employer's interests and therefore constituted employment services; appellant sustained a compensable injury; the case was reversed and remanded for an award of benefits.

Appeal from the Arkansas Workers' Compensation Commission; reversed and remanded.

Rice Adams, by: Ben E. Rice, for appellant.

Thomas W. Mickel, for appellees.


Appellant, Richard E. Shults, filed a workers' compensation claim for an injury he sustained on June 26, 1995. The administrative law judge (ALJ) found that appellant was not entitled to benefits because he failed to prove by a preponderance of the evidence that he was performing employment services at the time he was injured. The Commission affirmed the denial of benefits, stating that merely because appellant was on his employer's premises at the time an accident occurs does not mean the accident is compensable and that appellant's injury was not inflicted at a time when employment services were being performed. On appeal to this court, appellant contends that the Commission erred in finding that he was not performing employment services at the time of his injury. We agree with appellant; therefore, we reverse.

[1] The standard of review in workers' compensation cases is well-settled. On appeal, this court must determine whether there is substantial evidence to support the Commission's decision. Weaver v. Whitaker Furniture Co., 55 Ark. App. 400, 935 S.W.2d 584 (1996). Substantial evidence is that relevant evidence which a reasonable mind might accept as adequate to support a conclusion. Id. The evidence is viewed in the light most favorable to the findings of the Commission and is given its strongest probative value in favor of the Commission's decision. Barrett v. Arkansas Rehabilitation Servs., 10 Ark. App. 102, 661 S.W.2d 439 (1983). The issue is not whether the appellate court might have reached a different conclusion from the one found by the Commission, or even whether the evidence would have supported a contrary finding, but if reasonable minds could arrive at the same decision as the Commission, the decision must be upheld. Harvest Foods v. Washam, 52 Ark. App. 72, 914 S.W.2d 776 (1996).

Appellant was employed by the Pulaski County Special School District as a building custodian at Tolleson Elementary School in Jacksonville, Arkansas. On June 26, 1995, appellant's son had taken him to work because appellant's truck was not working. Appellant's co-worker, Leonard Holder, usually rode to work with appellant, but appellant had told him that he would have to find another way to work that day. Appellant and his son arrived at the school between 6:30 and 6:45 a.m. Appellant fell while entering the building, fracturing his right patella. This injury required surgery, and appellant was off work for seven weeks. His surgeon assessed a five percent permanent partial impairment of the lower extremity.

One of appellant's duties upon arriving at work was to disarm the alarm system when he entered the building. At the hearing, appellant testified, "I opened the door, and the alarm system is right on the right. And on the uprising when I went in the building, I seen the alarm had been disarmed, so I started running in the building . . . And the uprising, it was a fan cord on my left, and I don't know whether I tripped on the uprising or the fan cord, but that's where I fell at." On cross-examination, appellant stated that the building doors were already opened when he arrived, and he knew his co-worker, Leonard Holder, was already at work because the doors were open and the alarm system was disarmed. He said, "After I walked in, yes sir, I could tell the alarm system was off."

[2] Act 796 of 1993, which applies to all workers' compensation injuries incurred after July 1, 1993, requires that the provisions of the workers' compensation statutes be strictly construed. Ark. Code Ann. § 11-9-704(c)(3) (Repl. 1996). This act excludes from the definition of "compensable injury" any injury inflicted upon the employee at a time when employment services were not being performed. Ark. Code Ann. § 11-9-102(5)(B)(iii) (Supp. 1997). We have held that an employee was performing "employment services" when he "was engaging in an activity that carried out the employer's purpose or advanced the employer's interests." Hightower v. Newark Pub. Sch. Sys., 57 Ark. App. 159, 943 S.W.2d 608 (1997).

[3] In denying appellant's claim, the Commission stated that merely entering upon the premises of one's employer was not sufficient to bring one within the employment services provision of Act 796. Although that is a correct statement of the law, we disagree that appellant was "merely entering upon" the employer's premises. Upon appellant's arrival at Tolleson Elementary School, his first duty as building custodian was to check the alarm system. We believe this duty was an activity that carried out the employer's purpose or advanced the employer's interests, and therefore constitutes employment services. Whether or not the alarm system had already been disarmed on the day of appellant's accident is not dispositive, because appellant did not know this until he stepped into the building to check the system for himself. Therefore, we find that appellant did sustain a compensable injury because he sustained an injury to his knee at a time when employment services were being performed. We reverse and remand for an award of benefits.

Reversed and remanded.

CRABTREE and ROAF, JJ., agree.


Summaries of

Shults v. Pulaski County Sp. Sch. Dist

Court of Appeals of Arkansas Division II
Oct 7, 1998
63 Ark. App. 171 (Ark. Ct. App. 1998)

reversing and remanding the Commission's decision that the custodian of a school was not performing employment services at the time of his injury because he was only entering the premises and had not yet clocked in; the evidence demonstrated that the custodian's job required him to check the alarm system when he entered the school, which is what he was doing when he fell

Summary of this case from Hudak-Lee v. Baxter County Regional Hosp

reversing and remanding Commission's decision that custodian of school was not performing employment services at time of injury because he was only entering the premises; evidence demonstrated that custodian's job required him to check the alarm system when he entered the school, which is what he was doing when he fell

Summary of this case from BRADLEY v. MAGNUM OPUS TECHNOLOGIES, INC

In Shults v. Pulaski County Special School District, 63 Ark. App. 171, 976 S.W.3d 399 (1998), the employee was responsible for checking the alarm system when he arrived at work, and he fell while entering the building to perform that task.

Summary of this case from Parker v. Comcast Cable Corp.

In Shults v. Pulaski County Special Sch. Dist., 63 Ark. App. 171, 976 S.W.2d 399 (1998), a claim was held to be compensable where a claimant, before clocking in, entered a building to disarm an alarm, as it was his duty to do.

Summary of this case from Wallace v. West Fraser South

In Shults, the claimant, a school custodian who had just arrived at work and had not clocked in, fell while entering the school building to disarm the alarm.

Summary of this case from Caffey v. Sanyo Mfg. Corp.

In Shults, we found that the claimant who was employed as school custodian and was injured when he fell upon entering employer's premises sustained a compensable, work-related injury. This finding was based on the fact that part of his job duties included disabling the school alarm system upon entering the building and on the fact that the injury occurred after the claimant saw that the alarm was already disabled and attempted to enter the building quickly to investigate.

Summary of this case from Ray v. University of Arkansas

In Shults v. PulaskiCounty School District, 63 Ark. App. 171, 976 S.W.2d 399 (1998), Shults was a school custodian who was awarded benefits for injuries he sustained to his knee.

Summary of this case from Taylor v. Jefferson Regional Medical Center

In Shults, the custodian had already began performing his work duties when he fell. He had checked the alarm system and noticed it was disarmed.

Summary of this case from Taylor v. Jefferson Regional Medical Center
Case details for

Shults v. Pulaski County Sp. Sch. Dist

Case Details

Full title:Richard E. SHULTS v . PULASKI COUNTY SPECIAL SCHOOL DISTRICT

Court:Court of Appeals of Arkansas Division II

Date published: Oct 7, 1998

Citations

63 Ark. App. 171 (Ark. Ct. App. 1998)
976 S.W.2d 399

Citing Cases

Ray v. University of Arkansas

When a claimant is doing something that is generally required by his or her employer, the claimant is…

Taylor v. Jefferson Regional Medical Center

In his opinion, the Administrative law judge analogizes the facts of this case to the facts of two other…