PETITION FOR REVIEW OF A DECISION OF THE WORKERS'
COMPENSATION BOARD ACTION NO. WC-13-92143
FOR APPELLANT: Ian Matthew Godfrey Lexington, Kentucky
FOR APPELLEE, SERENA GORDON: Paula Gay Richardson
BEFORE: COMBS, D. LAMBERT, AND JOHNSON, JUDGES.
LAMBERT, D., JUDGE.
Financial Services (PFS) appeals from the March 31, 2017
opinion of the Workers' Compensation Board (the Board).
The Board upheld the decision of Hon. R. Roland Case,
Administrative Law Judge (ALJ), to award Serena Gordon
disability and medical benefits. After review, we affirm.
Gordon left work one night in February 2013. Upon arriving at
her parked car, she realized she had left her employer-issued
tablet in her office. Serena walked back into her work
building and retrieved the tablet. As she returned to her
car, with the tablet, she fell and injured her leg.
initially accepted that the injury was compensable, but later
denied Serena's workplace injury claim once it determined
her injury did not occur on its business premises. The matter
was heard before the ALJ.
agreed with PFS in that Serena's injury did not happen on
the business premises. The ALJ also found that PFS neither
owned the parking lot where the injury occurred nor directed
Serena where to park. Nevertheless, the ALJ ultimately ruled
the injury was compensable because Serena returned to her car
with the tablet and intended to continue her work once she
appeal to the Board, PFS argued that the ALJ failed to
adequately support his ultimate decision. PFS noted that the
ALJ only included one case citation in his opinion, Phil
Hollenbach Co. v. Hollenbach, 181 Ky. 262, 204 S.W. 152
(1918), and further claimed the ALJ failed to sufficiently
explain how the injury was work-related, especially
considering Kentucky's traditional rule that injuries
sustained when workers are coming and going from work are not
compensable. The Board rejected these arguments, however, and
concluded that the ALJ provided enough analysis to justify
the benefits award under Receveur Const. Company/Realm,
Inc. v. Rogers, 958 S.W.2d 18 (Ky. 1997). This appeal
STANDARD OF REVIEW
appellate purposes, an opinion from the Board will only be
reversed if it misconstrued the applicable law or committed a
flagrant error in evaluating the evidence. Western
Baptist Hospital v. Kelly, 827 S.W.2d 685, 687-88 (Ky.
1992). We will defer to decisions supported by substantial
evidence. Wolf Creek Collieries v. Crum, 673 S.W.2d
735, 736 (Ky. App. 1984).