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Knoy v. Joe W.

Court: Indiana Supreme Court
Date filed: 2004-08-25
Citations: 813 N.E.2d 1170
Copy Citations
7 Citing Cases

Attorney for Appellant                       Attorney for Appellees
Eric D. Johnson                                    Todd C. Barsumian
Indianapolis, Indiana                              Evansville, Indiana
________________________________________________________________________

                                   In the
                            Indiana Supreme Court
                      _________________________________

                            No. 42S01-0401-CV-20

 Donald Knoy,
                                             Appellant (Defendant below),

                                     v.

Joe W. and Janice Cary,
                                             Appellees (Plaintiffs below).
                      _________________________________

         Appeal from the Knox Superior Court, No. 42D01-0109-CT-019
                   The Honorable W. Timothy Crowley, Judge
                      _________________________________

 On Petition To Transfer from the Indiana Court of Appeals, No. 42A01-0211-
                                   CV-445
                      _________________________________


                               August 25, 2004


Boehm, Justice.


      Joseph Cary was injured when a tractor driven by his coworker,  Donald
Knoy,  malfunctioned  during  an  after-hours  community   service   project
sponsored by his employer, Gemtron Corporation.  We hold  that  the  Indiana
Worker’s Compensation Act covers this injury.


                      Factual and Procedural Background


      Cary and Knoy worked for Gemtron Corporation, a Vincennes manufacturer
of tempered glass shelving for refrigerators and other appliances.   Gemtron
had a “customer oriented master plan,” one of the  goals  of  which  was  to
“participate with applicable  local  environmental  groups  or  activities.”
Seemingly in furtherance of this goal, Gemtron sponsored a  cleanup  project
at a Vincennes city park.  Notice of the project was  posted  on  a  company
bulletin board inviting employees to participate.   The  company  sought  to
publicize the event  in  the  local  newspaper  and  supplied  participating
employees with work gloves, food, and beverages.  Knoy  supplied  a  tractor
for use in the project and  Gemtron  provided  a  chain  for  use  with  the
tractor in removing debris from a riverbank.  Cary was  injured  during  the
cleanup activity, and alleges his  injury  resulted  from  Knoy’s  negligent
operation of the tractor.


      Cary filed suit against Knoy in Knox Superior Court.   Knoy  moved  to
dismiss, arguing that the trial court  lacked  subject  matter  jurisdiction
because Cary’s exclusive remedy was under  the  Worker’s  Compensation  Act.
The trial court denied the motion but certified the order for  interlocutory
appeal, and the Court of Appeals affirmed.  Knoy v. Cary,  794  N.E.2d  572,
578 (Ind. Ct. App. 2003).  This Court granted transfer.  Knoy v.  Cary,  812
N.E.2d 791 (Ind. 2004).


           Injuries in the Course of Employer Sponsored Activities


      The only issue presented in this appeal from denial  of  a  motion  to
dismiss is whether Cary’s claim is barred by the Worker’s Compensation  Act.
 That Act provides the exclusive remedy for injuries that “arise out of  and
in the course of” a person’s employment.  Ind. Code § 22-3-2-2  (1998).   If
the Act covers an injury, the  courts  have  no  jurisdiction  to  entertain
common law claims against the employer or a fellow  employee.   Id.   Cary’s
suit  against  Knoy  therefore  presents  a  question  of   subject   matter
jurisdiction.  If the facts are disputed and the trial  court  conducted  an
evidentiary hearing and issued findings of fact, this Court  will  defer  to
findings of the trial court unless they are clearly erroneous.  GKN  Co.  v.
Magness, 744 N.E.2d 397, 401 (Ind. 2001).   Here,  however,  the  underlying
facts are not disputed.  The trial court found only that Cary’s injury  “did
not arise  out  of  and  in  the  course  of  his  employment  with  Gemtron
Corporation” and that the court therefore had  subject  matter  jurisdiction
to hear his suit against Knoy.  These are conclusions  of  law  reviewed  de
novo.


      An injury “arises out of” employment when a causal  connection  exists
between the injuries sustained and the duties or services performed  by  the
injured employee.  Milledge v. The Oaks, 784 N.E.2d  926,  929  (Ind.  2003)
(citations omitted).  A causal connection exists when  a  reasonable  person
would consider the  injury  to  be  the  result  of  a  risk  incidental  to
employment or when there is a connection between employment and the  injury.
 Id.  An accident occurs “in the course of employment”  when  it  occurs  at
the time and place  of  employment  while  an  employee  is  fulfilling  his
employment duties.  Id.


      In the early days of worker’s compensation, injuries sustained  during
after-hours work activities were  generally  not  compensable.   See,  e.g.,
Wagner v. Buescher Band Instrument Co.,  125  Ind.  App.  103,  107-08,  122
N.E.2d 618, 620 (1954); Tom Joyce 7 Up Co. v. Layman,  112  Ind.  App.  369,
376, 44 N.E.2d 998, 1000 (1942).  However, in Noble v. Zimmerman,  237  Ind.
556, 146 N.E.2d 828 (1957), this Court allowed recovery under  the  Worker’s
Compensation Act for an employee’s death that  occurred  at  an  after-hours
activity sponsored by his employer.  The employer in Noble held  a  business
meeting at his lakeside summer residence with the understanding that at  the
conclusion of the meeting, dinner would be provided and there  would  be  an
opportunity for the employees to enjoy swimming and boating.  Id.   at  558,
829.  After the business meeting concluded, an employee was  injured  diving
into the lake and subsequently died.  In  sustaining  compensation  for  his
death under  the  Worker’s  Compensation  Act,  this  Court  explained  that
injuries  suffered   while   participating   in   after-hours   recreational
activities are usually not compensable because the injuries typically  occur
when the employee is not performing any  duty  related  to  his  employment.
Id. at 563-64, 831-32.  The Court reasoned, however, that “in  recent  years
it has  become  increasingly  evident  that  employers  are  more  and  more
utilizing recreational programs for their employees .  .  .  in  aiding  and
promoting better business relations with persons in their employ.”  Id. 569-
70, 834.  The Court concluded that the employee’s injury arose  out  of  and
in the course of his employment.  Id. at 570, 835.


      The Court of Appeals reached the same conclusion in  a  similar  case,
involving an injury during an after-hours party for the employees  sponsored
by the employer.  Ski World, Inc. v. Fife, 489 N.E.2d 72, 73 (Ind. Ct.  App.
1986).  The court reasoned that this Court’s emphasis in Noble  was  not  on
whether attendance at the party was required, but on the nexus  between  the
claimant’s employment and the party.  Id. at  75.   The  court  pointed  out
that Ski World “encouraged and therefore presumably expected  its  employees
to attend the party.  .  .  .  provided  the  food,  the  refreshments,  the
entertainment and the recreational  equipment.  .  .  .  and  believed  that
holding such an event would be in its best business interests.”  Id. at  77.
 This was sufficient connection between  the  employer’s  business  and  the
recreational activity to support coverage.  Id.


      As Noble explained, where the employer’s interests  in  sponsoring  an
after-hours activity are not merely altruistic, but  are  also  intended  to
improve the business, the activity may be incidental to employment.   Noble,
146 N.E.2d at 571, 835.  For example, the  court  in  Weldy  v.  Kline,  616
N.E.2d 398, 405 (Ind. Ct.  App.  1993),  held  that  when  an  employee  was
injured at an after-hours party intended to promote  camaraderie  among  the
employees and otherwise benefit  the  employer,  the  injury  arose  out  of
employment.  Like the interest in generating goodwill among  the  employees,
Gemtron’s interest in fostering goodwill in the community was calculated  to
confer a business benefit.  Even if  Gemtron’s  motives  in  conceiving  and
implementing the project were largely altruistic and certainly laudable,  it
was also in Gemtron’s business  interest  to  involve  itself  in  community
projects.  Gemtron did not require attendance at the  cleanup  and  did  not
receive or expect a direct business benefit.  Citing Noble, and  Ski  World,
the Court of Appeals majority reasoned that for an after-hours  activity  to
fall within the ambit of employment, participation  must  be  mandatory  and
the employer must receive some direct business benefit  from  the  activity.
Knoy v. Cary, 794 N.E.2d 572, 576 (Ind. Ct. App. 2003).   We  do  not  agree
that  mandatory  attendance  is  required.   Rather,  we  agree  with  Judge
Friedlander, who noted in dissent that  although  the  business  meeting  in
Noble was mandatory, the swimming and boating activities after  the  meeting
were not.  Id. at 579.  Similarly, in Ski World, attendance  was  voluntary,
but encouraged.  Ski World, 489 N.E.2d at 77.  In this case,  attendance  at
the cleanup activity  was  not  mandatory,  but  Gemtron  encouraged  it  by
posting notices of the project on  employee  bulletin  boards  and  inviting
employees to participate.  Gemtron also provided tools and refreshments  for
the participants.


      As  Gemtron’s  efforts  to  publicize  the  cleanup  demonstrate,   an
employer’s public image is a significant business consideration.   Gemtron’s
sponsorship  of  and  participation  in  the  project  served  its  business
interests by enhancing its image, fostering a  good  relationship  with  the
local community, and team building among its employees.  The  reputation  of
a business as a good citizen of the community is important in obtaining  and
retaining employees as well as in  customer  relations  and  in  some  cases
governmental relations.  Finally, we certainly do  not  wish  to  discourage
activities such as Gemtron’s by adding to the cost.  However, the effect  of
finding worker’s compensation to cover such an activity is sometimes to  the
employer’s  benefit  by  denying  a  tort  recovery  and  sometimes  to  its
detriment  by  awarding  worker’s  compensation  benefits.    The   worker’s
compensation law is to be construed broadly.  Daugherty v. Indus.  Contr.  &
Erecting, 802 N.E.2d 912, 919 (Ind.  2004)  (citations  omitted);  Milledge,
784 N.E.2d at 933 (citations omitted); Evans, 491 N.E.2d  at  971.  If  that
construction is thought to inhibit  corporate  participation  in  charitable
and community events unduly, that balance is  one  for  the  legislature  to
adjust.


                                 Conclusion


      The judgment of the trial court is reversed.  This  case  is  remanded
with instructions to dismiss the complaint.

      Shepard, C.J. and Dickson, Sullivan and Rucker, JJ., concur.