Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

First Class Services, Inc. v. Hensley

Court of Appeals of Kentucky

October 13, 2017

FIRST CLASS SERVICES, INC. APPELLANT
v.
GURAL W. HENSLEY; HONORABLE OTTO DANIEL WOLFF, ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD APPELLEES

          PETITION FOR REVIEW OF A DECISION OF THE WORKERS' COMPENSATION BOARD ACTION NO. 12-WC-60799

          R. Christion Hutson Paducah, Kentucky BRIEF FOR APPELLANT

          GURAL W. HENSLEY: Paul A. Brizendine Jeffersonville, Indiana BRIEF FOR APPELLEE

          BEFORE: DIXON, J. LAMBERT, AND STUMBO, JUDGES.

          OPINION AFFIRMING

          LAMBERT, J., JUDGE:

         First Class Services, Inc., has petitioned this Court for review of the August 19, 2016, decision of the Workers' Compensation Board (the Board) affirming in part, vacating in part, and remanding the December 11, 2015, Administrative Law Judge's (ALJ) Remand Opinion and Order and the February 16, 2016, Order on Petition for Reconsideration. In its appeal, First Class Services contends that, as a matter of law, injured employee Gural W. Hensley was not entitled to the "service to the employer" and "traveling employee" exceptions to the "going and coming" rule. We disagree and affirm.

         We begin by repeating the statement of facts and procedural history as set forth in the Board's opinion:

[Hensley] sustained multiple injuries in an MVA [motor vehicle accident] on November 15, 2012, while employed by First Class as an over-the-road truck driver. Hensley kept his truck at home at all times except when he was driving, or when he took it to the terminal at Lewisport, Kentucky, for service. He called the dispatcher from his home to receive assignments, and left on his route from his home. When his route was finished, he returned home with the truck. He generally hauled plastic from Frankfort, Kentucky, to Ada, Oklahoma. Sometimes he brought a trailer home with him, and sometimes he did not.
In discussing why he kept his truck at home, Hensley explained his home is located near the interstate, and the Lewisport facility was approximately one hour away and off of his route. He stated keeping a truck at home provided a benefit to First Class by reducing fuel cost, wear and tear on the vehicle, and maintenance costs. This testimony was corroborated by James Craig, Jeff Belcher, and Jackie Moon, all employees of First Class.
The day before the MVA, Hensley became ill while returning to Kentucky from a delivery in northern Illinois. He told Randy Cutrell, Vice President of First Class, that he was not feeling well. Hensley took his truck to Derby City Tank Wash in Louisville, where he was to have the tank cleaned then proceed to Frankfort to pick up a load. On the day of the accident, it was determined Hensley should not complete his dispatch and another driver was sent to the tank wash to pick up Hensley's trailer to take it to Frankfort for a load to finish the dispatch. Hensley was on his way home from the tank wash in his truck without the trailer, when his truck left the road and crashed into trees.

         On remand, the ALJ specifically determined Hensley kept his truck at home, and commenced and concluded his routes from home, which provided a benefit to the employer. The ALJ then considered the traveling employee exception, and noted the Board had rejected application of the personal comfort exception. He stated:

The Board having said what it said, it would seem fruitless to now determine [Hensley], at the time of his MVA, was not on a distinct departure from his work route due to a personal matter; consequently, it is determined [Hensley] does not qualify for the "traveling employee" exception to the "going and coming" rule.
Both parties filed petitions for reconsideration. First Class argued Hensley was on a purely personal mission at the time of the accident. Hensley argued he was a traveling employee at the time of the accident, and that returning ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.