251553. Rachelle Redfairn.

Case DateOctober 10, 2003
CourtKansas
Kansas Workers Compensation 2003(6). 251553. Rachelle Redfairn For Case Summaries go to: 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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