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Rinke v. Bank of America10/21/2005
Reversed.
Before PIERRON, P.J., CAPLINGER., J, and BUKATY, S.J.
Peggy Rinke fell in the parking lot outside the building where she was employed by Bank of America. The Kansas Workers Compensation Board (Board) determined Rinke was injured on the bank's premises and was entitled to more than $50,000 in compensation. In this appeal, the Bank of America and its insurance carrier, Royal & Sun Alliance Insurance Company (America Insurance Company) (collectively Bank), argue the "going and coming" rule of K.S.A. 44-508(f) bars Rinke's claim. We agree and reverse the Board's determination, finding it was not supported by substantial competent evidence. We hold that because the parking lot in which Rinke was injured was not under the control of the Bank, Rinke was not injured on her employer's premises and her claim is not covered by the Kansas Workers Compensation Act, K.S.A. 44-501 et seq.
Background
The facts are not disputed. Rinke worked in the Bank's telephone banking department in Wichita. Her normal working hours were 6 a.m. to 2:45 p.m. On March 5, 2001, Rinke left work around 3:15 p.m., taking a direct route from the building to her vehicle, which was parked in a parking lot adjacent to the Bank's south side. Rinke slipped on a patch of sand that had been placed on ice in the parking lot to prevent slipping. Rinke was injured when her right hip, shoulder, and elbow hit the pavement.
The building in which Rinke worked was owned by Argora Properties, L.P. (Argora) and was leased by the Bank. The only other tenant in the building, Wesley Occupational Health, also leased space in the building from Argora.
The parking lot in which Rinke was injured also was owned by Argora, and the Bank leased parking space for its employees from Argora. The parking lot contained 747 parking spaces, 20 of which were reserved for use by Wesley employees. The remainder of the spaces were used by bank employees, visitors of the building's tenants, and the general public. Bank employees did not have parking stickers or designated parking spaces and were not told where to park.
Argora was responsible for all maintenance of the parking lot and was required to insure it was in a clean, safe, and good condition. Argora also was required to maintain and enforce any controls and provide security during and after business hours.
The administrative law judge (ALJ) determined Rinke's injuries were compensable because they occurred on the Bank's "premises" and thus K.S.A. 44-508(f), which precludes compensation for injuries that occur while an employee is going and coming from work, did not apply. The Board affirmed the ALJ's conclusions but modified the ALJ's ruling by utilizing a different method of computing the compensation award.
On appeal, the Bank argues that because it did not own, maintain, or control the parking lot where Rinke's injury occurred, the Board erroneously determined Rinke's actions fell under the premises exception of the going and coming rule of K.S.A. 44-508(f). Rinke primarily argues that because the Bank leased the parking spaces, it was responsible for Rinke's injuries in that leased space.
Standard of Review
Under the Workers Compensation Act the Board has authority to review the decision of the ALJ on questions of law and fact. The Board's decision is then appealable to this court, where review is limited to questions of law in accordance with the Act for Judicial Review and Civil Enforcement of Agency Actions (KJRA), K.S.A. 77-601 et seq. Whether the Board's findings of fact are supported by substantial competent evidence is a question of law. Webber v. Automotive
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