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Conway v. School City Of East Chicago8/22/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Plaintiff-Appellant Naomi Conway (Conway), on behalf of her deceased husband, Smith Curt Conway, Jr. (Curt), appeals the decision of the Full Worker 's Compensation Board of Indiana (Board), for failing to provide an award as a result of her spouse's death.
We affirm.
ISSUE
Conway raises two issues, which we consolidate and restate as one dispositive issue: whether sufficient evidence exists to support the Board's finding that her spouse's death did not arise out of his employment.
FACTS AND PROCEDURAL HISTORY
Curt was employed as a school bus driver by Defendant School City of East Chicago (City). His job required all drivers to park their buses in the Central Services Facility (Facility) when not transporting children. That facility was owned and operated by the East Chicago Sanitary District. Cuban Harris (Harris) was one of two employees of the East Chicago Sanitary District who worked in the gatehouse of the facility. His tasks consisted of opening and closing the Facility gate. On April 7, 1995, Harris killed Curt.
That day, Curt had completed his work duties, and had proceeded to the Facility gate in his vehicle to exit and head home, when he was fatally shot by Harris. Eugene Williams (Williams), who was the Foreman in charge of Harris, was present at the gate. Curt had stopped to talk to Williams. Harris came running toward the vehicle while he cursed Curt using vile language and said, "He was the one that caused my problem." (R. 119). William then told Harris, "What the hell is going on with you? What are you cursing this man for? Get on back to the shed over there. I'm talking to this man." (R. 119). Harris, however, ignored Williams' command. Instead, he fired gunshots into Curt's vehicle, striking him in the arm and back. Williams disarmed Harris immediately afterward, called an ambulance, and notified the police. Later, after this tragic incident, Williams testified in his deposition that he had heard of some type of a personal dispute that existed between Harris and Curt.
Conway, the decedent's spouse, was financially dependent on Curt at his time of death. Although no medical expenses were incurred, Conway did pay $4,334.92 in funeral expenses, which she seeks to collect.
On March 31, 1997, Conway filed an Application for Adjustment of Claim with the Worker 's Compensation Board. On May 27, 1999, a hearing was held on the Application before a Hearing Member of the Board. The parties submitted at the hearing a Trial Stipulation setting out agreed facts, issues, and exhibits. Brief testimony was also heard from Conway to establish her statutory entitlement to damages as her deceased spouse's widow. The Hearing Member, pending submission of briefs by counsel, took the matter under advisement. On August 14, 1999, that Hearing Member found in favor of the City, concluding that the decedent's death did not arise out of his employment.
Conway filed her Application for the Review by Full Board of Original Decision on August 17, 1999. On February 15, 2000, the Full Board affirmed the Hearing Member's decision. Conway now brings this appeal of the Board's decision.
DISCUSSION AND DECISION
The thrust of Conway's argument rests upon the contention that the evidence does not support the Board's finding that Harris had a prior animosity toward the decedent unrelated to work. Conway contends that the decedent's death arose out of his employment at the City because there was evidence that (1) Curt came in daily contact with Harris at the Facility as he ente
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