Lloyd v. STATE EX REL. WYOMING WORKERS'SAFETY AND COMPENSATION …

• Decision Date: 16 July 2004
• Docket Number: No. 03-149,03-149
• Citation: 93 P.3d 1001,2004 WY 85
• Parties: RONALD "PETE" LLOYD, Appellant (Petitioner), v. STATE OF WYOMING, ex rel., WYOMING WORKERS' SAFETY and COMPENSATION DIVISION, Appellee (Respondent).
• Court: Wyoming Supreme Court

2004 WY 85

93 P.3d 1001

RONALD "PETE" LLOYD, Appellant (Petitioner), v. STATE OF WYOMING, ex rel., WYOMING WORKERS' SAFETY and COMPENSATION DIVISION, Appellee (Respondent).

No. 03-149

Supreme Court of Wyoming. April Term, A.D. 2004.

July 16, 2004

Representing Appellant: R. Michael Shickich of Law Offices of R. Michael Shickich, LLC, Casper, WY. Argument by Mr. Shickich.

Representing Appellee: Patrick J. Crank, Wyoming Attorney General; Steven R. Czoschke, Senior Assistant Attorney General; and Kristi M. Radosevich, Assistant Attorney General. Argument by Ms. Radosevich.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

LEHMAN, Justice.

[¶1] This is an appeal from the denial of the worker's compensation benefits claim made by appellant Ronald "Pete" Lloyd (Lloyd). Lloyd's claim was denied based on the conclusion that Lloyd was acting outside the scope of his employment when the accident occurred. We reverse.

ISSUES

[¶2] Lloyd sets forth the following issues:

(1) Whether the Office of Administrative Hearings erred when it failed to apply the Wyoming "nexus" test.

(2) Whether the Office of Administrative Hearings erred when it failed to apply the "special mission" doctrine.

(3) Whether the Office of Administrative Hearings erred when it failed to apply the "dual-purpose" doctrine.

The State phrases the issues as:

I. Whether the hearing examiner properly applied Wyo. Stat. § 27-14-102(a)(xi)(D) as a clear and unambiguous statute to determine that Appellant's injuries occurred outside the scope of his employment for purposes of worker's compensation coverage, due to Appellant's accident while traveling to his home in his personal vehicle without reimbursement.

II. Whether the hearing examiner's decision to deny medical and temporary total disability benefits to Appellant was supported by substantial evidence.

FACTS

[¶3] Sage Technical Services (Sage) operates a truck driving school with locations in Colorado, Idaho, Montana, Utah, and Wyoming. Sage employed Lloyd as a driving instructor in Casper, Wyoming, and Lloyd was later promoted to the position of lead instructor. As lead instructor, Lloyd was not only required to teach Sage students, but also ensure that the trucks and trailers used by Sage were safely maintained and operated.

[¶4] Sage found that as a part of its normal operations it was occasionally necessary to move trucks and trailers from one Sage location to another. From time to time, Sage asked Lloyd to assist in transporting these trucks and trailers. In fact, Lloyd believed that part of his responsibilities as lead instructor included assisting with the transport of Sage's trucks and trailers from one location to another.

[¶5] In February of 2002, Sage needed a truck transferred from its Casper location to its Billings, Montana location. Lloyd indicated that he would deliver the truck if the drop-off location could be changed from Sheridan, Wyoming to Frannie, Wyoming because Lloyd needed to retrieve his personal vehicle in Cody, Wyoming. After considering other options, Sage approved Lloyd's delivery of the truck on these terms. At the time of this approval, Lloyd understood that, pursuant to established Sage policy, he would be reimbursed for mileage concerning his return trip in his personal vehicle.

[¶6] On the morning of February 9, 2002, Lloyd delivered the truck in Frannie and was directly transported by a friend from Frannie to Cody. After picking up his personal vehicle, Lloyd immediately returned to Frannie to check on the security of Sage's truck. After making sure that Sage's truck was secure, Lloyd at once commenced his return trip retracing the route that he had taken from Casper. Lloyd was then injured in a single car accident when he fell asleep at the wheel.

[¶7] Because Lloyd was incapacitated due to injuries sustained in the accident, Lloyd's supervisor advised that he would complete the necessary reimbursement documentation for Lloyd concerning his trip. However, upon the supervisor's inquiry to Sage's main office, he was advised that Sage had determined that Lloyd would not be reimbursed for his return trip made in his personal vehicle. Lloyd then submitted a timely request for worker's compensation benefits. This request was denied by the State.

[¶8] After a hearing before the Office of Administrative Hearings (OAH), OAH affirmed the denial of benefits. Subsequently, upon filing a petition for review, the district court affirmed the decision of the OAH. This appeal followed.

STANDARD OF REVIEW

[¶9] We recently stated the applicable standard of review in Ludwig v. State ex rel. Workers' Safety and Compensation Div., 2004 WY 34, ¶¶ 5-7, 86 P.3d 875, ¶¶ 5-7 (Wyo. 2004) (footnote in original):

The parameters for judicial review of an agency action are found in Wyo. Stat. Ann. § 16-3-114.¹ Serda v. State ex rel. Workers' Safety and Compensation Div., 2002 WY 38, ¶ 18, 42 P.3d 466, ¶ 18 (Wyo. 2002). Our standard of review when reviewing administrative agency action was clarified and refined in the case of Newman v. State ex rel. Workers' Safety and Compensation Div., 2002 WY 91, 49 P.3d 163 (Wyo. 2002). That case held that "the substantial evidence test is the appropriate standard of review . . . when factual findings are involved and both parties submit evidence." Newman, at ¶ 22.

In appeals where both parties submitted evidence at the hearing below and the dispute is over the soundness of the factual findings of the agency, Newman mandates the appellate review be limited to application of the substantial evidence test. Id. This is true regardless of which party appeals from the agency decision. The substantial evidence test provides:

In reviewing findings of fact, we examine the entire record to determine whether there is substantial evidence to support an agency's findings. If the agency's decision is supported by substantial evidence, we cannot properly substitute our judgment for that of the agency and must uphold the findings on appeal. Substantial evidence is relevant evidence which a reasonable mind might accept in support of the agency's conclusions. It is more than a scintilla of evidence.

Newman, at ¶ 12 (quoting State ex rel. Workers' Safety and Compensation Div. v. Jensen, 2001 WY 51, ¶ 10, 24 P.3d 1133, ¶ 10 (Wyo. 2001)). This court is required to review the entire record in making its ultimate determination on appeal. Newman, at ¶¶ 19 and 24-26.

In State ex rel. Workers' Safety and Compensation Div. v. Garl, 2001 WY 59, ¶ 9, 26 P.3d 1029, ¶9 (Wyo. 2001), we acknowledged that:

The interpretation and correct application of the provisions of the Wyoming Worker's Compensation Act are questions of law over which our review authority is plenary. Collicott [v. State ex rel. Workers' Safety and Compensation Div., 2001 WY 35], at ¶ 4[, 20 P.3d 1077, ¶ 4 (Wyo. 2001)]. Conclusions of law made by an administrative agency are affirmed only if they are in accord with the law. Id. We do not afford any deference to the agency's determination, and we will correct any error made by the agency in either interpreting or applying the law. Id.

In accord see Vaughan v. State ex rel. Workers' Compensation Div., 2002 WY 131, ¶ 6, 53 P.3d 559, ¶ 6 (Wyo. 2002).

DISCUSSION

[¶10] Lloyd mounts three separate arguments that he is entitled to worker's compensation benefits. He first contends that an exception to the "coming and going" rule, recognized in common law and codified in 1986 within Wyo. Stat. Ann. § 27-14-102(a)(xi)(D), exists when there is a link between the employee's activities and a benefit to the employer. Hence, Lloyd argues that under this "nexus test," worker's compensation benefits must be provided to the employee. Next, Lloyd asserts that another exception to the "coming and going" rule, known as the "special mission" or "special errand" doctrine, is applicable. Under this exception, when an employee undertakes activities at the request of the employer, worker's compensation benefits extend to the employee even if the employee would technically be excluded under the "coming and going" rule. Finally, Lloyd proffers that the "dual purpose" doctrine also applies. Under this doctrine, an employer remains responsible to provide worker's compensation benefits to an employee if the employee made the journey at the direction of the employer, even if the employee received a personal benefit. Thus, if the employee's work creates the necessity for travel and the employee is in the course and scope of employment, even though the employee is serving at the same time a personal purpose of his or her own, worker's compensation coverage still exists.

[¶11] In attempting to counter each of these arguments, the State takes a more simplified view. The State argues that § 27-14-102(a)(xi)(D) is unambiguous, making the exceptions asserted by Lloyd inapplicable. In particular, the State asserts that upon the codification of § 27-14-102(a), any "common law" exceptions to the "coming and going" rule were renounced except for those exceptions specifically enumerated within § 27-14-102(a). In making this argument, the State also relies upon the language within Wyo. Stat. Ann. § 27-14-101(b).² In addition, the State contends that sufficient evidence existed to support the denial of benefits.

[¶12] Given the facts in this case and simple application of § 27-14-102(a)(xi)(D), we conclude that Lloyd must be afforded worker's compensation benefits. Therefore, on this occasion, we neither specifically embrace nor reject the "nexus test," the "special mission" or "special errand" doctrine, or the "dual purpose" doctrine upon which Lloyd relies.

[¶13] Wyo. Stat. Ann. § 27-14-102(a)(xi)(D) (LexisNexis 2001) (emphasis added) provides:

(a) As used in this act:

. . .

(xi) "Injury" means any harmful change in the human organism other than normal aging and includes damage to or loss of any artificial replacement and death, arising out of and in the course of employment while at

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