No. 00-80363 (2002). Tipton v. Broadway Florist.

Case DateJanuary 30, 2002
CourtKentucky
Kentucky Workers Compensation 2002. No. 00-80363 (2002). Tipton v. Broadway Florist LESLIE MARIE TIPTON PETITIONER vs. BROADWAY FLORIST and HON. J. LANDON OVERFIELD, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: January 30, 2002CLAIM NO. 00-80363APPEAL FROM HON. J. LANDON OVERFIELD, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.STANLEY, Member. Leslie Marie Tipton ("Tipton") appeals from an opinion and order rendered by Hon. J. Landon Overfield, Administrative Law Judge ("ALJ"), dismissing her workers' compensation claim against Broadway Florist ("Broadway"). The ALJ concluded that the injury Tipton received in a collision while driving a delivery van for Broadway was not in the course and scope of her employment with the employer. He found that Tipton had deviated from her employment duties to such an extent that she was no longer in the course and scope of her employment when the collision in question occurred. On appeal, Tipton argues the ALJ erred in finding that her motor vehicle accident occurred outside the course and scope of her employment. The ALJ bifurcated the issue of work-relatedness of Tipton's injury which resulted from a motor vehicle collision occurring on January 14, 2000. Tipton's position was that the collision occurred in the course and scope of her employment. Broadway's defense was that Tipton was involved in a "road rage" situation with a third party and thus having deviated from the course and scope of her employment, the injury was noncompensable. The Board, having reviewed the ALJ's rendition of the lay testimony in the record concerning the occurrence of the motor vehicle accident, adopts the ALJ's findings of fact as follows: Plaintiff's deposition was taken April 10, 2001. Plaintiff testified that he went to work for Defendant Employer January 3, 2000 as a delivery person. Her injury occurred January 14, 2000. Plaintiff testified that she was making a delivery and was unable to find the street where her next delivery was to occur. She was stopped at a stop sign in a subdivision area apparently looking at a map. She noticed a vehicle behind her at the stop sign and exited her delivery van and went back to ask directions. Plaintiff testified that `he was just already in a bad mood' and when Plaintiff asked directions the stranger began berating her about delivery people not being able to find the subject of the deliveries, etc. The stranger had a small child in the vehicle with him and Plaintiff apologized for her intrusion, wished him a nice day and returned to the van. The stranger abruptly pulled around the van being driven by Plaintiff, offered the universal obscene gesture, went through the stop sign and left the area. Plaintiff testified that she decided that she would forget this delivery for the time being and go get lunch. She went out onto Shelbyville Road and found herself behind the irate stranger driving down Shelbyville Road. She testified that the stranger was in one lane and she was in another and she then pulled in behind him so that their vehicles were in the same lane. She testified that he suddenly stopped in front of her and she slammed on her brakes, left 55 feet of skid marks but could not avoid the collision and struck his vehicle in...

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