No. 15-068034 (Mo. Lab. & Indust. Rel. Comm’n
March 3, 2017)
Full Opinion: [Johnson v. RPSC D/B/A Price Cutter Plus]
Code(s): C027 Wage/Compensation Rate Issue; C007 Accident
Factual
Background:
Claimant
worked full time until 2015, when he retired, but he returned as a part time
“floater” that would travel to different stores. Claimant was paid mileage for
his travel to and from whatever store he was working at for the day. On his way
home from work one day, the deceased was involved in a fatal motor vehicle
accident. As a full time employee, Claimant worked 45.14 hours for an average
weekly wage of $951.20. As a part time employee he worked 22.4 hours for an AWW
of $457.79.
ALJ Decision:
The
ALJ used a 30 hour week to calculate based on Section 287.250.3 RSMo, resulting
in an average weekly wage of $611.40. Claimant appealed, saying that the AWW
should have been what the employee made as a full-time employee.
Analysis/Holding:
The
commission found no evidence to show what the AWW of other full time employees
in the same or similar positions was, nor was there evidence to show that
Claimant’s duties before and after retirement were of the same and similar
nature. However, the commission ultimately affirmed the ALJ’s finding because
it was a “fair and just” calculation as laid out in Section 287.250.4 RSMo.
In this case, Employer’s headquarters is in Rogersville, Missouri, where the deceased never traveled to. Because the deceased was not traveling from the headquarters on the day of the accident, Section 287.020.5 does not apply. In this case, the deceased was not traveling from Employer’s principal place of business, and his travel was being subsidized. Because of this, the court found that the deceased died as a result of an injury arising out of and in the course and scope of his employment.
The Takeaway:
The
AWW of a once full-time employee who now works part-time is based on the
30-hour rule. Accidents occurring where an employee is traveling between
his/her employer’s principal place of business and home are not compensable and
an employer can only have one principal place of business.