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Ridnour v. Kenneth R. Johnson12/16/2005
Affirmed.
Before BUSER, P.J., CAPLINGER, J., and KNUDSON, S.J.
The respondent, Kenneth R. Johnson, Inc., and its insurance carrier, General Casualty (hereinafter collectively "Johnson"), appeal from the final order of Kansas Workers Compensation Board (Board), contending the injuries of Chad D. Ridnour, claimant, did not arise out of and in the course of his employment. Respondent challenges the sufficiency of the evidence to support the Board's findings and its construction of K.S.A. 2004 Supp. 44-508(f).
The following question is raised on appeal: (1) Does the "going and coming" rule codified in K.S.A. 2004 Supp. 44-508(f) preclude an award of benefits to the claimant? The answer is "no," and the Board's order is affirmed.
The Underlying Circumstances
On August 15, 2001, Ridnour was injured in a traffic accident. At the time, Johnson employed Ridnour as an operations and warehouse manager. He was responsible for supervising a five-man crew at the Kansas City warehouse. He was also responsible for setting up operations and training employees at alternative locations in Texas, North Carolina, and California. Additionally, he worked outside the warehouse originating sales.
The morning of the accident, Ridnour had arranged for his crew to begin work at the warehouse at 7 a.m., an hour earlier than usual. He arrived at the warehouse at approximately 6:45 a.m., where members of his crew were waiting for him to let them into the warehouse. When he attempted to open the doors of the warehouse he realized he had left his keys at home. Although other employees with keys to the warehouse were likely to arrive within an hour, Ridnour decided to run home and get his keys because his crew members were hourly employees and were being paid even though they could not get into the warehouse. Ridnour left the warehouse, drove to his house, and retrieved the appropriate keys. On his way back to the warehouse, he was struck by another vehicle.
The administrative law judge (ALJ) concluded the going and coming rule did not exclude Ridnour from receiving an award. The ALJ specifically found that Ridnour "was not on his way to assume the duties of his employment, rather had arrived at his duty station and departed on an errand on [his employer's] behalf to secure keys to unlock the building."
The Board agreed with the ALJ, concluding that the going and coming rule did not exclude Ridnour from an award. The Board found " he sole purpose of [Ridnour's] trip was a business errand and it is conceded [Ridnour] had authority to run such errands."
Standard Of Review
An appellate court's review of a decision from the Board is governed by the Act for Judicial Review and Civil Enforcement of Agency Actions (KJRA), K.S.A. 77-601 et seq. Under K.S.A. 77-621, appellate review is explicitly limited to questions of law. Under the issues presented by appellant, our review of the Board's decision is limited to determining whether: (1) the Board has erroneously interpreted or applied the law; (2) the Board's actions were based on facts not supported by substantial evidence; (3) the Board's action were otherwise unreasonable, arbitrary, or capricious. See K.S.A. 77-621(c)(4), (7), (8).
Although the interpretation of statutory provisions in the Workers Compensation Act (Act) is a question of law subject to de novo review, an appellate court will still employ the doctrine of operative construction. Under this doctrine, the Board's interpretation of the law is entitled to judicial deference, and if there is a rational basis for the Board's interpretation, it should be upheld upon judicial review. However, t
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