Mandate Issued: 02/13/2019
PROCEEDING TO REVIEW AN ORDER OF THE WORKERS'
L. Harlan, JOHN L. HARLAN & ASSOCIATES, P.C., Sapulpa,
Oklahoma, for Petitioner,
A. McCaleb, FENTON, FENTON, SMITH, RENEAU & MOON,
Oklahoma City, Oklahoma, for Respondents.
JACK GOREE, VICE-CHIEF JUDGE
Petitioner, Jerry Neal Harwood (Claimant), seeks review of
the order of the Workers' Compensation Commission
(Commission) which affirmed the decision of its
administrative law judge (ALJ) finding that Claimant did not
sustain a compensable injury. Respondents are Ardagh Group
and Travelers Indemnity Company of America (collectively
Employer). Claimant sustained his injuries while crossing a
public highway next to Employer's place of business after
clocking out and leaving work. The Commission denied the
claim because the injury did not arise out of the course and
scope of employment. We affirm, holding the Commission order
is neither missing findings of fact essential to the decision
nor affected by any other error of law.
AND PROCEDURAL BACKGROUND
Harwood was an employee of Respondent Ardagh Group working at
the company's Sapulpa glass plant. The glass plant is
located on the west side of Mission Street (Oklahoma Highway
66). On the east side of the highway are two
employer-provided parking areas where Respondent directed
Claimant to park. These parking lots are either owned or
leased by Respondent Ardagh Group. There is a crosswalk on
the highway with pedestrian activated overhead lights. At the
time of Harwood's injury, the lights were not functioning
properly. The Respondent did not own, operate or control the
crosswalk on the highway.
On the night of July 16, 2016, Claimant clocked out at the
end of his shift and left the glass plant to go home. While
using the crosswalk on the highway which separated the plant
from the parking areas Claimant was hit by a motor vehicle
and was severely injured.
On March 23, 2017, a hearing was conducted before an ALJ. The
parties stipulated to several facts and Harwood presented
On August 16, 2017, the ALJ issued her order denying
[Harwood's] injury sustained in a common area adjacent to
the Respondent's place of business after he had clocked
out, was not an injury arising out of the course and scope of
employment within the meaning of the Administrative
Workers' Compensation Act. Any injury sustained by the
Claimant when struck by the motor vehicle while on the public
roadway which the Respondent did not own, operate or control
was excluded from the definition of course and scope of
employment found in 85A O.S., § 2 (13) and from the
definition of compensable injury set forth in 85A O.S.,
§ 2 (9).
On November 3, 2017, the parties conducted oral argument
before the Oklahoma Workers' Compensation Commission En
Banc and on November 6, 2017, the Commission issued its order
affirming the decision of the administrative law judge. It is
from this order Harwood appeals.
The law in effect at the time of the injury controls both the
award of benefits and the appellate standard of review where
workers' compensation is concerned. Brown v. Claims
Mgmt. Resources, Inc., 2017 OK 13, ¶ 9, 391 P.3d
111. Appellate review of the ...