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Meredith v. Jefferson County Property Valuation Administrator6/8/2000
RENDERED: MAY 18,2000
TO BE PUBLISHED
OPINION OF THE COURT
REVERSING AND REMANDING
This workers' compensation appeal concerns whether an injury which was sustained by a field representative of the Kentucky Revenue Cabinet while in a restaurant, waiting for a business appointment to begin, was compensable.
Claimant was employed by the Jefferson County Property Valuation Administrator's (PVA's) office and served as a field representative for the Kentucky Revenue Cabinet. His primary duties were to travel to various local banks, to inventory the contents of safe deposit boxes in conjunction with the administration of estates, and to release assets held by the bank. He reported to his office at the beginning of each work day and obtained a list of appointments from his supervisor. Then, he met throughout the day with various administrators, executors, and attorneys at various banks and conducted the inventories. He testified that his work hours were from 8:00 ' a.m. until 4:00 p.m. and that he was free to take breaks between appointments. There was no evidence to the contrary.
On the morning of October 28, 1996, claimant reported to the PVA's office shortly before 8:00 and received a list of his appointments for the day. He testified that the first appointment was scheduled for 9:00 and that he arrived at the bank sometime between 8:30 and 9:O0. The bank did not open until 9:O0. He testified that he was unable to attract the attention of anyone to let him inside the bank, and the individual he was to meet had not yet arrived, so he drove to a fast-food restaurant which was located approximately 5-10 minutes away for a cup of coffee. He testified that he had also planned to go over his notes for the appointment. As claimant carried his order from the counter to a table, he slipped and fell, sustaining a serious back injury which required surgery.
At the time of the hearing, claimant suffered from residual foot drop. He was required to wear a metal brace at all times and to use a cane. Also, he could no longer drive a car due to leg pain and the effects of the medication he used. It was undisputed that he had sustained a substantial permanent functional impairment from his injury. The Administrative Law Judge (ALJ) noted that claimant's work history demonstrated an admirable work ethic and that it was clear that he had sustained a significant occupational disability as a result of the fall. The ALJ indicated, however, that the primary issue was whether the injury arose out of and in the course of the employment. Considerations included whether the injury arose as a natural consequence of performing a duty for his employer and whether the time, place, and circumstances of the accident indicated that his employment was the cause. City of Prestonsbura v. Grav, Ky., 341 S.W.2d 257 (1960); Louisville and Jefferson Countv Air Board v. Riddle, Ky., 190 S.W.2d 1009 (1945). After reviewing the evidence, the ALJ noted that claimant chose to travel to a restaurant which was 5-10 minutes away from the bank rather than to wait for the bank to open. The ALJ determined that the trip for coffee was an identifiable deviation from the business purpose for which his employer had sent him to the bank and that it constituted a personal errand. For that reason, the ALJ concluded that the injury occurred outside the course of the employment and was not compensable.
Claimant appealed; however, the Workers' Compensation Board (Board) affirmed in a two-to-one decision. A dissenting opinion took issue with the majority's view that had the injury occurred in a restaurant close to the bank, it might have come within the personal comfort doctri
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