237113. DANIEL SOREF.

• Case Date: October 08, 2003
• Court: Kansas

Kansas Workers Compensation 2003(5). 237113. DANIEL SOREF For Case Summaries go to:Table of ContentsKeyword ListingOctober 08, 2003DOCKET NO. 237,113BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION DANIEL SOREF Claimant VS. Docket No. 237,113 RENZENBERGER, INC. Respondent AND KEMPER INSURANCE COMPANIES Insurance Carrier ORDER Claimant requested Appeals Board review of the January 25, 1999, Preliminary Decision entered by Administrative Law Judge Robert H. Foerschler. Issues Claimant requested medical treatment and temporary total disability benefits for a broken right ankle he claims occurred on July 7, 1998, when he slipped on the bottom step of the stairs located in the Southern Pacific Railroad building at Eighteenth and Kansas Avenue in Wyandotte County, Kansas. The Administrative Law Judge denied claimant's request, finding claimant had completed an errand for the respondent and was injured while on his way home and not on the respondent's premises. Claimant contends he was injured on the premises of the respondent and, therefore, he is entitled to compensation benefits because this is an exception to the "going and coming" rule found at K.S.A. 1998 Supp. 44-508(f). In addition, claimant contends his claim is compensable because his employment would not have ended until he reached his parked vehicle in the parking lot. Findings of Fact After reviewing the preliminary hearing record and considering the briefs of the parties, the Appeals Board finds as follows: (1) Claimant was employed by the respondent as a driver of a van transporting railroad crews to and from the railroad trains and their motels. (2) On July 7, 1998, claimant had a scheduled day off from work. (3) Claimant decided to go to his place of employment to pick up his paycheck. (4) Claimant drove to the respondent's office located on the second floor of a building owned by Southern Pacific Railroad at Eighteenth and Kansas Avenue, Wyandotte County, Kansas. (5) Respondent's regional manager was at the office and notified claimant that his paycheck was at another office located in Wyandotte County, Kansas. The regional manager also asked claimant to pick up another employee's paycheck and return the employee's paycheck to the Southern Pacific building. (6) Claimant picked up both paychecks and...