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LAWSON v. CITY OF KANSAS CITY6/14/1996
Claimant Gregory S. Lawson is employed by the City of Kansas City (City) as a full-time police officer. He obtained an award in a workers compensation case in the amount of $2,300 for medical expenses for an injury he incurred. The City appeals from that award, arguing that claimant's injuries did not arise out of or in the course of his employment.
We agree with the City, and we reverse the holding of the Workers Compensation Board (Board) in favor of claimant.
As stated earlier, claimant is and was a full-time police officer for the City. At the time he sustained the injury in question, he was ostensibly off duty and dressed in civilian clothes.
The incident that prompted the workers compensation claim occurred at a sports bar in the early hours of the morning. Earlier that evening, claimant, along with other off-duty police officers and their spouses or girlfriends, had gone to the bar to play sand volleyball. During the evening leading up to the altercation, claimant and his friends were all dressed in civilian clothing, playing volleyball, and drinking beer.
At some point during a volleyball game, Jeremy Lehman began using profanity and directing threats towards claimant's group. Although claimant believes he could have arrested Lehman for disorderly conduct, neither he nor any of his friends made any effort to do so.
At about 2 a.m., the claimant's group decided to leave the bar. In the process, they were confronted by Lehman. Claimant told Lehman that he was a police officer and that he did not want any trouble. Lehman began to make disparaging remarks about police officers and attempted to provoke a fight. Once again, claimant told Lehman he was a police officer and that all he and his friends wanted to do was to go home. At this point, Lehman hit claimant in the face, causing damage to claimant's teeth for which he incurred substantial dental bills.
After hitting claimant, Lehman was subdued by claimant and his friends, but he was not arrested. Apparently, neither claimant nor any of his friends exercised any authority as police officers. The group left the bar and went home.
Claimant, or some member of his group, later signed a complaint charging Lehman with simple battery. That charge was later dismissed in exchange for a covenant not to sue the City or the other police officers who were involved in the altercation. Claimant, on the other hand, was disciplined by the police department for leaving Lehman bleeding in the parking lot without attempting to offer him aid.
Claimant filed a claim for workers compensation benefits, alleging he was injured in the course of his employment. He suggests
that his injury was compensable because he could have exercised his authority and could have arrested Lehman.
The matter was tried before an Administrative Law Judge (ALJ), who denied benefits to claimant, holding:
"The claimant has contended that because he was subject to call 24 hours per day as a police officer, that the medical expenses incurred by him should be covered by the Kansas Workers' Compensation law. Although it is true that the claimant and other police officers are subject to call on a 24-hour per day basis, the claimant had not been recalled to duty at the time of his injury. The claimant was definitely off duty, and in civilian clothing. At the time of the altercation, the aggressor had not been placed under arrest by any of the off-duty officers. Therefore, the claimant has not proved by a preponderance of credible evidence that the personal injury by accident sustained by him on August 18, 1992 arose out of and in the course
Page 1 2 3 4 Kansas Personal Injury Attorneys
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