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Koons v. Workers' Compensation Appeal Board6/20/2002
Gordon Koons petitions for review of an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of a workers' compensation judge (WCJ) denying his claim petition. Koons states the questions involved as whether he was in the course of his employment at the time of a motor vehicle accident that occurred during his normal work day and while he was en route to an off-premises job site at his employer's direction; whether the WCJ erred in rejecting the application of Lang v. Workmen's Compensation Appeal Board (United States Steel Corp.), 529 A.2d 1161 (Pa. Cmwlth. 1987); whether Koons' expressed but unexecuted intention to make a temporary personal stop at a bank while en route to an off-premises job site was sufficient to place him outside the scope of his employment; and whether the WCJ's reliance upon Beaver and Casey, Inc. v. Workmen's Compensation Appeal Board (Soliday), 661 A.2d 40 (Pa. Cmwlth. 1995), and Pesta v. Workmen's Compensation Appeal Board (Wise Foods), 621 A.2d 1221 (Pa. Cmwlth. 1993), was misplaced.
Koons was employed by ACC Construction (Employer) as a vice-president of construction, which was an estimator/sales position intended to generate leads and get sales. He spent approximately 85 percent of his time working in the office using the telephone and the computer. Occasionally Koons would travel to a job site in his own car to do walk-throughs of buildings and to meet with customers. Koons reported to Irving Teller, whom he described as the owner of the business, and to Shelby Teller, Irving Teller's daughter, who is the President. Koons was paid a salary of $730.76 per week; he was permitted to buy gasoline at a nearby gas station on the company's account.
On October 9, 1997, Koons arrived at the company's office in Bensalem at his usual 9:00 a.m., and he received his paycheck from Shelby Teller before noon. Koons was scheduled to meet with Irving Teller and a client, Karen Whirledge, at a site in Voorhees/Berlin, New Jersey that the client was considering acquiring and converting into a fitness center. Koons stated that he and Irving Teller were scheduled to be at the location at 2:30 p.m. However, Shelby Teller and Irving Teller testified that the meeting was to take place around 4:00 or after. Irving Teller stopped in at the office shortly before 2:00 and picked up paperwork for an appointment, and after he left he called on his cell phone and spoke with Shelby Teller and then with Koons. Shelby Teller's understanding was that Koons was to pick up the key for the site from next door and open up the location around 4:00, 4:15 or 4:30. Irving Teller testified that when he called back after leaving the office Koons stated that he wanted to leave then, but Irving Teller said it would take only 45 minutes to get there, and he told him to leave later. Shelby Teller testified that nevertheless Koons left the office shortly after that telephone call, at about 2:25 p.m. She stated that she asked Koons where he was going and that he said that he was going to cash his paycheck and that he had some personal things to do.
At approximately 3:05 p.m. Koons was in the left lane on Route 73 headed south, in New Jersey, slowing for a traffic light, when his car was struck violently from behind by another car and was pushed into the car ahead. Koons suffered multiple injuries, and he was removed from the scene in an ambulance. He reported the accident to his own automobile insurance carrier. Shelby Teller testified that Koons told her later that he was on his way to cash his paycheck but he never got there because he was hit from behind before he did. Koons testified that he originally intended to cash his paycheck at his bank in Marlton, New Jer
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