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Chamption v. J.B.Hunt Transport12/21/1999
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
Appeal From: Labor and Industrial Relations Commission
Opinion Vote: AFFIRMED. Prewitt, J., Garrison, C.J., and Barney, J., concur.
Opinion:
J.B. Hunt Transport, Inc. ("Employer") appeals from an award of the Labor and Industrial Relations Commission ("Commission") awarding Keith Champion ("Employee") benefits under the Workers' Compensation Law. Employer contends that the Commission erred in finding that an employer-employee relationship existed between it and Employee at the time of the accident in question based on the terms of their employment arrangement; that the Commission erred in finding, in the alternative, that Employee was a statutory employee; and that the Commission erred in finding that Employee was injured out of and in the course of his employment with Employer.
Employee went to work for Employer as a truck driver in March 1996. Thereafter, he went through a driver's training school, where he was instructed and tested on various policies, which he agreed to be bound by, including one on alcohol and controlled substance possession, use and testing. According to one portion of Employer's policy, an employee is not to drink for a minimum of eight hours before going on duty. Employee signed a form acknowledging that he understood this policy and agreed to be bound by it. According to Employer, a violation results in an automatic termination.
Employee was assigned to Employer 's truck in Kansas City on April 18, 1997 (Friday) and drove to St. Roberts, Missouri where he parked the truck at a truck stop near his home. He proceeded to drink beer on Saturday, April 19, 1997, and from approximately noon until 5:00 to 6:00 P.M. on Sunday, April 20, 1997. After sleeping for 3 one-half hours, Employee went to the truck with two unopened beers at approximately 9:45 P.M. on April 20 and started his assigned trip which would have taken him to Alabama. After driving the truck approximately thirty miles he was involved in an accident with another tractor-trailer at 10:30 P.M. Subsequent testing revealed that his blood alcohol level was .17.
Employee filed a claim for workers' compensation benefits for injuries he received in the accident, and the Administrative Law Judge ("ALJ") held a temporary hardship hearing on the claim. Employer contended that under the policy, which Employee agreed to be bound by, Employee had been automatically terminated prior to the accident because of his use of alcohol. The ALJ held that Employee was not automatically terminated under Employer's policy, and even if the automatic termination was effective, Employee was a statutory employee at the time of the accident. Accordingly, the ALJ awarded Employee benefits, finding that Employee was an employee working within the course and scope of his employment at the time of the accident. Employer sought a review of these findings by the Commission, which affirmed. Employer appeals.
In reviewing a workers' compensation award, we review the findings of the Commission and not those of the ALJ. Gordon v. Tri-State Motor Transport Co., 908 S.W.2d 849, 852 (Mo.App. S.D. 1995). Where, as here, the Commission's award attached and incorporated the ALJ's award and decision, we consider the findings and conclusions of the Commission as including the ALJ's award. Banks v. Springfield Park Care Center, 981 S.W.2d 161, 163 (Mo.App. S.D. 1998). If there is sufficient competent and substantial evidence to support the award, we then determine if the award is against the overwhelming weight of the evidence. Davis v. Research Medical Center, 903 S.W.2d 557,
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