Duke ex rel Duke v. Parker Hannifin Corp.

• Decision Date: 22 November 2005
• Docket Number: No. 2004-WC-01952-COA.,2004-WC-01952-COA.
• Citation: 925 So.2d 893
• Court: Mississippi Court of Appeals
• Parties: Chris DUKE, on Behalf of Laura J. Fuller DUKE, Deceased, Appellant v. PARKER HANNIFIN CORPORATION, Employer and Underwriters Safety & Claims, Inc., Appellees.

925 So.2d 893

Chris DUKE, on Behalf of Laura J. Fuller DUKE, Deceased, Appellant v. PARKER HANNIFIN CORPORATION, Employer and Underwriters Safety & Claims, Inc., Appellees.

No. 2004-WC-01952-COA.

Court of Appeals of Mississippi.

November 22, 2005.

Rehearing Denied March 21, 2006.

Kenneth H. Coghlan, attorney for appellant.

B. Humphreys Mcgee, III, Marjorie T. O'Donnell, Oxford, attorneys for appellees.

Before LEE, P.J., GRIFFIS, and ISHEE, JJ.

ISHEE, J., for the Court.

¶ 1. Chris Duke (Duke) appeals the decision of the circuit court which affirmed the Workers' Compensation Commission's denial of a claim for a death benefit under the Mississippi Workers' Compensation Act. Finding error, we reverse and remand with instructions to send the cause back to the Mississippi Workers' Compensation Commission for a determination of benefits.

STATEMENT OF FACTS

¶ 2. At approximately 7:00 a.m. on April 3, 2001, Laura Duke (decedent) arrived for work at her employer, Parker Hannifin Corporation (Parker Hannifin). The decedent held a salaried position as the Manufacturing Information Systems (MIS) Manager. The decedent was specifically responsible for all the communications, including the computer systems, networks, telephone systems, fax machines, and copy machines at Parker Hannifin's plant.

¶ 3. Shortly after the decedent arrived at work that morning, she was notified that the plant was being evacuated due to a fire caused by a leaking hydrogen storage tank. The decedent was instructed to leave the immediate area and to call her supervisor later that morning for further instructions as to when to return to the facility. While hourly workers were released for the day due to the emergency, salaried workers, including the decedent, were not released from work.

¶ 4. After being notified of the evacuation, the decedent entered the facility to put a message on the voice mail system informing callers of the plant closure. No one at the facility requested that the decedent change the message on the voice mail system. The decedent then drove to Roger Smith's home office, which was approximately five miles from the plant. Smith was an independent contractor who occasionally provided computer consulting services to Parker Hannifin. The administrative law judge at the Workers' Compensation Commission determined that it was unclear from the record as to the specific reason the decedent chose to travel to Smith's home office during the evacuation. Although there was some indication that Smith performed some work on the decedent's lap top computer while at Smith's home office, the administrative law judge concluded that the work was incidental to the fact that the decedent chose to go to Smith's home office.

¶ 5. At approximately 9:30 a.m., the decedent spoke by telephone with a plant manager who informed her that she was to return to the plant. The decedent left Smith's home, but was involved in a fatal, one vehicle accident, and was pronounced dead at the scene at 9:42 a.m. The accident report reflects that the decedent lost control of her vehicle in a rainstorm, and as a result, her vehicle left the highway and struck a tree.

¶ 6. In September 2001, Duke filed a petition to controvert alleging that the decedent's death was compensable and that he was entitled to death benefits pursuant to the Mississippi Workers' Compensation Act. A hearing was conducted, and in March 2003, the administrative law judge determined that the decedent's death was not compensable. On October 20, 2003, the Commission adopted the administrative law judge's findings of fact in their entirety and affirmed the judge's order. Duke then timely filed a notice of appeal in the Circuit Court of the Second Judicial District of Panola County on October 28, 2003.

¶ 7. In June 2004, Parker Hannifin filed a motion to dismiss for failure to prosecute. Parker Hannifin argued that the claim should be dismissed because Duke had failed to file a brief within forty days of filing a notice of appeal as required by M.R.A.P. 31(d). Duke answered that a brief had not been filed due to a misunderstanding on the part of the parties' respective attorneys that the matter would not be heard until settlement negotiations were exhausted. Duke argued that dismissal was at the court's discretion and that the cause should not be dismissed as Parker Hannifin had suffered no prejudice as a result of the delay.

¶ 8. The circuit court subsequently denied Parker Hannifin's motion to dismiss. In September 2004, the circuit court ruled that the Commission's findings and final order were supported by substantial evidence. The circuit court affirmed the Commission's order denying compensation under the Worker's Compensation Act. Aggrieved, Duke appeals to this Court arguing that the circuit court erred in affirming the Commission's order.

DISCUSSION

¶ 9. Duke maintains that the circuit court erroneously affirmed the Commission's order denying benefits under the Workers' Compensation Act. Duke asserts that the decedent was unquestionably covered by the Workers' Compensation Act at the time of her death. Duke maintains that the following facts support a finding of compensability: the decedent arrived at work the morning of her death, and although she was told to evacuate, she was not released from work; the decedent was empowered to perform her duties as MIS manager in her own way, including the authority to travel to Smith's home office at her discretion; the decedent traveled to Smith's home office for the purpose of downloading a computer program to the Parker Hannifin-owned computer.

¶ 10. Duke asserts that the decedent was within the period of her employment at a place where she would reasonably be in the performance of her duties, while fulfilling her duties, and furthering the business of her employer. See Jefferson v. T.L. James & Co., 420 F.2d 322, 324 (5th Cir.1969). Furthermore, Duke argues that the decedent's death qualifies for compensation under the emergency exception for safeguarding an employer's property. See Miller Transporters, Inc. v. Seay's Dependents, 350 So.2d 689, 691 (Miss. 1977). In support of this position, Duke argues that the decedent was killed while returning to the facility with the Parker Hannifin-owned computer backup tapes, laptop computer, and a fireproof safe. Duke asserts that the data contained on the backup tapes was vital to Parker Hannifin's operations and Parker Hannifin had a great deal of interest in their safety. Duke maintains that the claim should have been paid because injuries sustained by an employee in an attempt to save an employer's property arises out of and in the course of employment. See Ingram's Dependents v. Hyster Sales & Serv., Inc., 231 So.2d 500, 503 (Miss.1970).

¶ 11. The appellate court's function when reviewing an appeal from a Commission ruling is to determine "whether there exists a quantum of credible evidence which supports the decision of the Commission." Hale v. Ruleville Health Care Ctr., 687 So.2d 1221, 1224 (Miss. 1997). This Court's scope of review is limited to a determination of whether the decision of the Commission is supported by substantial evidence. Westmoreland v. Landmark Furniture, Inc., 752 So.2d 444, 447(¶ 7) (Miss.Ct.App.1999). The Commission sits as the ultimate finder of facts in deciding compensation cases; therefore, its findings are subject to normal, deferential standards upon review. Natchez Equip. Co. v. Gibbs, 623 So.2d 270, 273 (Miss.1993). We will only reverse the Commission's rulings where issues of fact are unsupported by substantial evidence, matters of law are clearly erroneous, or the...