251553. Rachelle Redfairn.
Case Date | October 10, 2003 |
Court | Kansas |
Kansas Workers Compensation
2003(6).
251553.
Rachelle Redfairn
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Table of
ContentsKeyword ListingOctober 10, 2003DOCKET NO. 251,553BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION
OF WORKERS COMPENSATION RACHELLE
REDFAIRN
Claimant
VS. BLACK and VEATCH
Respondent)
Docket No. 251,553
AND LIBERTY MUTUAL
INSURANCE CO.
Insurance Carrier
ORDER
Respondent requests review of a preliminary Order entered by
Administrative Law Judge Robert H. Foerschler dated December 28, 2000. Issue The only issue on review is whether the Administrative Law
Judge erred in finding the claimant's injury arose out of and in the course of
her employment. Findings of Fact and Conclusions of
Law Having reviewed the entire evidentiary record filed herein, the
Board makes the following findings of fact and conclusions of law:
The claimant was employed for the respondent as a software
analyst II. Although she was based in Kansas City, her job required that she
travel approximately 70 percent of the time. On the date of the injury, the
claimant had been assigned for three weeks to a project in Burtonsville,
Maryland. The claimant stayed in a hotel not far from the job site.
At the conclusion of her first week of work at the project
site, the claimant had checked out of the hotel where she had been staying in
Burtonsville, Maryland. The claimant had received prior approval from her
project manager to travel to Ocean City, Maryland for the weekend. At the end
of the work day, at approximately 5 p.m., the claimant left the project site
and was driving to Ocean City, Maryland for the weekend when she was involved
in an automobile accident.
It is undisputed that while she was on travel status for the
respondent, the claimant received a daily per diem, reimbursement for her
lodging, car rental and fuel for the car. These reimbursements included the
weekend travel to Ocean City, Maryland. The lodging expenses for the weekend
were reimbursed as long as such costs were the same or less than the cost
respondent paid for the claimant's lodging near the job site during the work
week.
It is equally undisputed that the claimant had received prior
approval to spend her weekend in Ocean City, Maryland. Although the claimant
testified that she intended to do some work on the project over the weekend,
the trip was a pleasure excursion and...
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