Stroud Municipal Hospital v. Mooney
Stroud Municipal Hospital v. Mooney
Concurring Opinion
with whom SIMMS, Justice, joins, concurring in result but not in the court’s opinion.
The court holds today that the claimant, when injured in a traffic accident between his home and the workplace, was on a “special mission” for his employer. I write separately to identify and explain the interplay of risks that bear upon his claim’s compensability.
As the court correctly notes, a compensation claimant must satisfy a two-pronged statutory test
I.
CLAIMANT’S IN-TRAVEL INJURY STANDS INCLUDED WITHIN THE COURSE OF HIS EMPLOYMENT BY THE SPECIAL-TASK DOCTRINE
Travel to and from the workplace during one’s regular work hours is generally regarded as outside the scope of employment.
II.
THE SOLE RISK OF HARM PRESENT IN THIS CASE ARISES OUT OF AND IS CAUSALLY CONNECTED TO CLAIMANT’S EMPLOYMENT
The law recognizes three different categories of risk associated with injuries claimed to be compensable: 1) those so uniquely associated with employment that they may be regarded as distinctly employment-related, 2) those purely personal to the worker, and 3) those that are neutral.
The Court of Appeals treated claimant’s motoring hazard as a purely neutral risk— one he shared with other travellers on the road. In that view the appellate court clearly was in error. Had the traffic hazard been a purely neutral risk, claimant would have been required to show his harm was due to some increased risk factor that could be associated with his employment.
III.
SUMMARY
The special-task mission, begun under the employer’s direction during claimant’s off-the-premises lunch break, subjected him to the roadway hazards in action. No risks distinctly personal nor any derived from a neutral source are revealed by the proof. There is hence a clear connection between the task and the accidental injury suffered. The law’s requirement that the source of a compensable injury not stem from a purely personal risk stands amply met.
I join in vacating the Court of Appeal’s opinion and in affirming the trial tribunal’s award, but recede from today’s opinion.
. " 'Injury' or ‘personal injury' means only accidental injuries arising out of and in the course of employment..." (Emphasis added) 85 O.S. Supp. 1996 § 3(7)a.
. The term "in the course of employment” relates to the time, place, or circumstances under which the injury is sustained. Darco Transportation v. Dulen, Okl., 922 P.2d 591, 594 (1996); Thomas v. Keith Hensel Optical Labs, Okl., 653 P.2d 201, 203 (1982); J. Allison v. Boling, 192 Okl. 213, 134 P.2d 980, 982 (1943).
.The term "arise out of employment" contemplates the causal connection between the injury and the risks incident to employment. Darco, supra, note 2 at 594; Hensel, supra, note 2 at 202; Richey v. Commander Mills, Inc., Okl., 521 P.2d 805, 808 (1974); Graham v. Graham, Okl., 390 P.2d 892, 893 (1964); Stanolind Pipe Line Co. v. Davis, 173 Okl. 190, 47 P.2d 163, 164 (1935).
. See Oklahoma Natural Gas Company v. Williams, Okl., 639 P.2d 1222 (1982), where a claimant who attended a company Christmas party was injured in a traffic accident while returning home. Claimant’s after-hours travel from his home to the party and back was held to be a special mission' — one outside his work routine.
. See Darco Transportation v. Dulen, supra, note 2, at 596, which holds that for a truck driver who is in the course of travel for his master traffic perils are employment-related risks.
. Christian v. Nicor Drilling Co., Okl., 653 P.2d 185, 186 (1982); see text in 1 Larson’s Workmen's Compensation Law, (1996), § 15.00 et seq.
. Oklahoma Natural Gas Company v. Williams, supra, note 4.
. See supra, note 5.
."All risks causing injury to a claimant can be brought within three categories: risks distinctly associated with the employment, risks personal to the claimant, and neutral' risks — i.e., risks having no particular employment or personal character. Harms from the first sue universally compensable. Those from the second are universally noncompensable. It is within the third category that most controversy in modem compensation law occurs. The view that the injury should be deemed to arise out of employment if the conditions of employment put claimant in a position to be injured by the neutral risk is gaining increased acceptance. When employment and personal risks concur to produce injury, the injury arises out of the employment, since the employment need not be the primary cause, but need only contribute to the injury.” 1 Larson's Workmen's Compensation Law § 7.00 (1996), at 3-12; Michael E. Utter, ‘Arising out of and in the Course Of...; Bums v. American Management'
. 1 Larson’s Workmen’s Compensation Law § 7.40 (1996), at. 3-14 — 3-15.
. 1 Larson's Workmen's Compensation Law § 7.10(1996), at 3-12. — 3-13.
. 1 Larson's Workmen’s Compensation Law § 7.30 (1996), at 3-13 — 3-14.
. Darco, supra, note 2 at 594; Hensel, supra, note 2 at 203.
. See American Management Systems, Inc. v. Burns, Okl., 903 P.2d 288, 291 (1995).
. For a detailed explanation of what can be deemed a neutral risk that was enhanced by on-the-job hazards, see jurisprudence discussing the proof required in Oklahoma to show compensa-ble harm from work-related heat exhaustion. In heat stroke claims a worker’s injury must be from exposure to the sun more harmful than that the general public would have experienced when in the same locus in quo — i.e., when present at the time and place of the worker's injurious or fatal solar exposure. Happel v. Bell, Okl., 352 P.2d 400, 402 (1960); Nims & Frost v. Abner, 188 Okl. 356, 109 P.2d 237, 238 (1941).
. The record must show the worker’s injury was causally related to the risks incident to the mission for the employer. See American Management Systems v. Burns, Okl., supra, note 14 at 290.
. An earlier pronouncement in Fox v. National Carrier, Okl., 709 P.2d 1050 (1985), held that all risks from travel in the course of one’s employment are employment-related. Claimants were then aided in the probative process by the provisions. of 85 O.S. 1981 § 27, which operated to place on the employer the burden to pierce the presumption of compensability. Section 27 was repealed in 1986. New language added to 85 O.S. 1991 § 3(7) requires the source of the employee’s injury to be a work-related risk rather than one that is purely personal. As noted in American Management Systems, Inc. v. Burns, Okl., 903 P.2d 288 (1995), the onus of producing evidence and of persuasion now rests entirely upon the claimant. Bums, which changed the interplay of risks applied in Fox, teaches that some risks encountered by a worker who is traveling on the job may not be treated as employment-related.
. Oklahoma Natural Gas Company v. Williams, supra, note 4.
. Darco Transportation v. Dulen, supra, note 2 at 594.
Opinion of the Court
The only issue in this Workers’ Compensation review is whether the lower court’s decision that the Claimant’s injury arose out of and in the course of his employment is supported by competent evidence. Applying the statutory and case law to the facts before us, we conclude that it is.
Claimant Mooney worked for the Stroud Hospital as a laboratory supervisor. On the date in question he went home for lunch, and had been there fifteen minutes when the Hospital called. He was told to return for an emergency; a man in the Emergency Room was believed to have suffered a heart attack and Mooney was needed for blood work. He immediately headed for the hospital, but on the way his car was hit broadside in an intersection by a driver who failed to yield. Claimant suffered injury to his neck requiring surgery, including a fusion of his vertebra with a bone graft from his hip.
For an injury to be compensable under the Workers’ Compensation Act it must “arise out of’ and be “in the course of’ employment. 85 O.S.Supp.1993 § 11. Whether an injury arises out of and in the course of employment is an issue of fact to be determined by the Workers’ Compensation Court, and such a finding is not to be disturbed on appellate review “where there is any competent evidence to support the order subject to review.” Stiles v. Okla. Tax Comm’n, 752 P.2d 800, 802 (Okla. 1987) (emphasis in original). Title 85 O.S.1991 § 26(B) provides that “The decision of the Workers’ Compensation Court shall be final as to all questions of fact_” Only in the absence of support in competent evidence may a trial court’s decision be found erroneous as a matter of law on review. Parks v. Norman Municipal Hospital, 684 P.2d 548, 552 (Okla. 1984).
The clauses “arise out of’ and “in the course of’ are not interchangeable. The former contemplates a causal relationship between the act being done at the time of injury and the requirements of employment, while the latter relates to the time, place, or circumstances under which the injury occurs. Fudge v. University of Oklahoma, 673 P.2d 149,150 (Okla. 1983).
Hospital is correct that as a general rule an injury sustained while going to or from an employer’s premises is not one arising out of and in the course of employment within the meaning of the Act. Christian v. Nicor Drilling Co., 653 P.2d 185, 186 (Okla. 1982). There are exceptions to this doctrine, as we pointed out in Fluor Engineers & Contr. Inc. v. Kessler, 561 P.2d 72, 74 (Okla. 1977):(1) if the employer furnishes the transportation or pays travel expenses, (2) if the employee is assigned a special task outside regular working hours, or (3) if the injury occurs on premises owned or controlled by the employer. Awards have also been sustained where the employee, on his way to or from work, is still charged with some duty in connection with employment, Novak v. McAl-ister, 301 P.2d 234, 235 (Okla. 1956), and when the employee is engaged in a dual purpose trip. F.W.A Drilling Co. v. Ulery, 512 P.2d 192,194 (Okla. 1973).
Today’s case turns on whether the “special task” exception applies. The trial court found that it did, and the appellate court found that it did not. Here is what Professor Larson says about the special mission or special task rule:
When an employee, having identifiable time and space limits on his employment, makes an off-premises journey which would normally not be covered under the usual going and coming rule, the journey may be brought within the course of employment by the fact that the trouble and time of making the journey, or the special inconvenience, hazard, or urgency of making it in the particular circumstances, is itself sufficiently substantial to be viewed as an integral part of the service itself.
1 Larson, The Law of Workmens’ Compensar tion, § 16.10.
Whether the claimant is engaged in a special mission for his employer is a question of fact to be determined by the trial tribunal. Hospital argued, and the Court of Appeals concluded, that even if the injury occurred “in the course of’ employment (Mooney was on his way to render emergency room work at demand of employer), it did not “arise out of’ employment, because the risks of driving to the hospital at that particular time were no greater than the risks all the public took in driving that route. This argument misses the point.
In City of Edmond v. Monday, 910 P.2d 980 (Okla. 1995), there was evidence to sup
In Fudge, supra, there was no evidence to support an order denying compensation where the employee had to cross a busy street to reach her car in an employer-owned parking lot. Although she was at no more risk than the rest of the public who crossed that street, we directed an award; the employer chose to place its parking lot for employees in that position.
In other words, once it is determined that the employee is doing the employer’s work, e.g., is on a special mission, it does not avail the employer to say the risks of injury to the employee are no greater than the risks to the general public. On this special mission the Claimant’s task, his job, was to promptly drive to the emergency room for an emergency. Getting there to accommodate his employer was what he was told to do and what he attempted to do. Similar is the case of a truck driver hired to drive from one destination to another, where the truck driver is exposed to no more risk than the general motoring public, but because his mission is employment related it follows that an injury resulting from those risks is causally connected to the employment. Por a discussion of employment — related risk see American Management Systems, Inc. v. Burns, 903 P.2d 288, 91, 292 (Okla. 1995).
In our case there was evidence before the trial court that the Claimant had certain working hours with a normal one hour break for lunch. Some fifteen minutes into that break Hospital interrupted his lunch with a call that he return immediately for an emergency procedure. In obeying that directive Claimant was injured. On this record it could be found that Claimant’s return trip was “outside regular working hours”, and within the “special mission” exception. See Fluor Engineers, supra; Larson, supra.
The order of the trial court finding the injury to have arisen out of and in the course of his employment is thus supported by competent evidence. Whether he was engaged in a special mission for the employer when injured was a question of fact to be determined by that court. City of Edmond, supra. The opinion of the Court of Appeals is vacated. The order of the Three-Judge Panel of the Workers’ Compensation Court is sustained.
Reference
- Full Case Name
- STROUD MUNICIPAL HOSPITAL and Own Risk Carrier #14502, Petitioners, v. Jeff MOONEY and the Workers’ Compensation Court, Respondents
- Cited By
- 32 cases
- Status
- Published