{"id":"alj-H207041-2023-06-29","awcc_number":"H207041","decision_date":"2023-06-29","opinion_type":"alj","claimant_name":"Kenneth Williams","employer_name":"Malvern School District","title":"WILLIAMS VS. MALVERN SCHOOL DISTRICT AWCC# H207041 JUNE 29, 2023","outcome":"unknown","outcome_keywords":[],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WILLIAMS_KENNETH_H207041_20230629.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WILLIAMS_KENNETH_H207041_20230629.pdf","text_length":22318,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO.: H207041 \n \nKENNETH WILLIAMS (DEC’D), EMPLOYEE                                             CLAIMANT \n \nMALVERN SCHOOL DISTRICT, EMPLOYER                                       RESPONDENT \n \nARKANSAS SCHOOL BOARDS ASSOCIATION,  \nINSURANCE CARRIER/ THIRD PARTY  \nADMINISTRATOR(TPA)                                                                             RESPONDENT \n \nOPINION FILED JUNE  29, 2023 \n \nHearing held before ADMINISTRATIVE LAW JUDGE CHANDRA L. BLACK in Hot Springs, \nGarland County, Arkansas. \n \nClaimant represented by the Honorable Andy L. Caldwell, Attorney at Law, Little Rock, Arkansas. \n \nRespondents  represented  by  the  Honorable  Melissa  Wood,  Attorney  at  Law,  Little  Rock, \nArkansas. \n \n \nStatement of the Case \nOn  March  31,  2023,  the  above-captioned  claim  came  on  for  a  hearing  in  Hot  Springs, \nArkansas.  A pre-hearing telephone conference was conducted on December 14, 2022, from which \na  Pre-hearing Order was filed on that same day.  A copy of the said order and the parties’ \nresponsive filings have been marked as Commission’s Exhibit No. 1 and made a part of the record \nwithout objection. \nStipulations \nDuring the pre-hearing telephone conference, and/or during the hearing the parties agreed \nto the following stipulations: \n 1.  The Arkansas Workers’ Compensation Commission has jurisdiction of the within claim. \n \n\nWilliams – H207041 \n2 \n \n2. That the employee-employer-carrier relationship existed at all relevant times including \non or about April 26, 2022, when the Claimant sustained injuries that resulted in his \ndeath. \n3. The Claimant’s average weekly wage was $1,562.29, which amounts to $547.00 for \nweekly widow benefits. \n4. All issues not litigated herein are reserved under the Arkansas Workers’ Compensation \nAct. \n5. The Respondents have controverted this claim in its entirety. \n6. The parties stipulated to the identification of Mr. Gary Burton, Jr., a news anchor, who \ntestified telephonically/FaceTime.  \nIssues \nBy agreement of the parties the issues to be litigated at the hearing are as follows: \n1. Whether the Claimant sustained “compensable injury(ies)” that resulted in death at a \ntime when he was performing employment services. \n2. If the Claimant’s alleged injury is deemed compensable, the extent to which his \nwidow is entitled to medical expenses incurred, spousal benefits, and funeral \nexpenses.\n1\n \n \n3. Whether the Claimant’s attorney is entitled to a controverted fee. \nContentions \n \nThe respective contentions of the parties are as follows: \nRespondents:  \nRespondents contend that Claimant did not suffer compensable injuries under the \nArkansas Workers' Compensation Act. \n \n \n1\n At the beginning of the hearing, the Respondents’ attorney withdrew Issue # 2. \n\nWilliams – H207041 \n3 \n \nClaimant:   \nThe Claimant's average weekly wage (AWW) will be determined by the contract of hire, \nwage records and Arkansas law.  On April 26, 2022, the Claimant was tragically killed while on a \nschool  field  trip.    The  Respondents  should  be  responsible  for  all  medical  expenses  incurred \ntherewith  and  death  and  spousal  benefits  pursuant  to  the  Act.  The  Claimant  is  also  entitled  to \nreasonable and necessary attorney's fees.  All other issues are reserved. \n                                  FINDINGS OF FACT AND CONCLUSIONS OF LAW \nBased on my review of the record as a whole, to include the aforementioned documentary \nevidence, other matters properly before the Commission, and after having had an opportunity to \nhear  the  testimony  of  the  witnesses  and  observe  their  demeanor,  I  hereby  make  the  following \nfindings  of  fact  and  conclusions  of  law  in  accordance  with  Ark.  Code  Ann.  §11-9-704  (Repl. \n2012): \n1.     The Arkansas Workers’ Compensation Commission has jurisdiction over this     \n \n    claim. \n \n2.     I hereby accept the above-mentioned proposed stipulations as fact. \n3.    The Claimant was performing employment services at the time of his fatal death. \n          4.        The remaining issues in this matter have been reserved.  \n   \n  \nSummary of Evidence \nDuring the hearing, the following witnesses testified: Mrs. Cynthia Williams (Claimant’s \nwidow); Mr. Grant Williams (Claimant’s son); Mr. Jon Stevenson (Malvern Middle School Band \nDirector);  Gary  Burton,  Jr.  (news  anchor),  the  news  reporter;  and  Ms.  Jennifer  Shnaekel,  the \nMalvern High School Principal.    \n\nWilliams – H207041 \n4 \n \n            The  record  consists  of  the  March  31,  2023  hearing  transcript,  comprising  the  following \nexhibits: Specifically, Commission’s Exhibit No. 1 includes the Commission’s Prehearing Order \nfiled on December 14, 2022 and the parties’ responsive filings; Claimant’s Exhibit No. 1 is a Non- \nMedical Exhibit and encompasses thirty-five numbered pages; Claimant’s Exhibit 2 is an Online \nArticle by Mr. Gary Burton consisting of three pages; and Respondents’ Exhibit No. 1 is a Non- \nMedical Exhibit, consisting of twenty-five numbered pages.  \n                                                          Testimony \n \nMrs. Cynthia Williams \n \n Mrs. Williams confirmed that she had been married to Mr. Kenneth Williams (she referred \nto him as Ken), the deceased Claimant, since 1988.  The couple has two adult children, Grant and \nGrace Ann, their ages are 29 and 26, respectively.  She confirmed that neither of their children was \ndependent  on  the  Claimant.  However,  Mrs.  Williams  verified  that  she  was  dependent  on  her \nhusband and his income at the time of his death.  She verified that during the marriage, she never \nseparated from Mr. Williams.  They lived together at the time of his death as spouses.  The couple \nlived in Malvern at the time of the Claimant’s fatal accident.  Mrs. Williams confirmed she worked \nfor the Maumelle Middle School.  She retired in 2016 but had gone back to work.  However, Mrs. \nWilliams has since retired again.   \n On the early evening of April 26, 2022, around 6:00 p.m., Mrs. Williams testified that she \nreceived a call from her phone, which indicated he had dialed 911.  She tried calling her husband \nback multiple times but was unable to reach him.  As a result, Mrs. Williams, sent him a text asking \nwhat was going on and he responded, “Not sure,” or “I don’t know.”  She was aware her husband \nwas returning home from a band meeting in Arkadelphia.  At the time of Mr. Williams’ death, he \nworked at Malvern High School, and was the band director.  She confirmed that Mr. Williams’ \n\nWilliams – H207041 \n5 \n \naccident occurred on  I-30, somewhere between  Friendship and Malvern.   Mrs. Williams agreed \nthat her husband routinely traveled for work, and that he routinely used his truck for work travel. \n According  to  Mrs.  Williams,  the  Claimant  would  go  to  meetings  and  rehearsals,  and \nsometimes he would follow the bus if he had to carry something such as stands.  However, Mrs. \nWilliams testified that most of the time, if Mr. Williams was traveling with the students, he would \nride the bus with them.   \n            Mrs. Williams testified that occasionally Williams’ meetings would be within the confines \nof the of the 8:00 a.m. to 3:00 p.m., school day.  She testified that his meetings were in the evenings \nand on Saturdays.  Mrs. Williams confirmed that she is familiar with the Arkansas State Band and \nOrchestra Association/ASBOA.    \nShe confirmed that she previously worked at the high school campus for eighteen years, \nwhere her husband worked at the time of his death.  Mrs. Williams agreed that she has extensive \npersonal  and  direct  personal  knowledge  of  what  her  husband  did  on  a  day-to-day  basis.    Mrs. \nWilliams agreed that her husband also traveled with the band to football games.       \nMrs. Williams confirmed her husband attended the ASBOA meetings.  She confirmed   that \nat the time of Mr. Williams’ death, he was on his way back home from a Region II  ASBOA \nmeeting, when his fatal accident occurred.  Mrs. Williams agreed that the Claimant would often \ntimes judge events, choir/band events, either all region or otherwise around the state.  She agreed \nthat the Claimant would travel to those events on his own, and use his personal vehicle, as this was \na  fairly  common  occurrence.  Mrs.  Williams  agreed  that  her  husband  would  routinely  have \nMalvern School District band items in his truck.  She testified that he always had music, CDs with \nrecordings, his laptop, marching charts, and a music stand or two in the back.  According to Mrs. \n\nWilliams – H207041 \n6 \n \nWilliams, he would use his personal vehicle to travel from the high school to the middle school to \ntake instruments back and forth. \nShe  confirmed  that  she  has  not  been  reimbursed  by  the  carrier  for  any  of  the  expenses \nintroduced  into  evidence.    Nor  has  Mrs.  Williams  received  any  benefits  from  the  workers’ \ncompensation  carrier  as  a  result  of her husband’s  death.  She  testified  that  at  the  time  of  Mr. \nWilliams’ death, he was traveling back to Malvern from a band meeting, but she does not know \nwhere he was directly going once, he got to Malvern. \nOn cross-examination, Mrs. Williams confirmed that her deposition was taken on January \n13, 2023.  She confirmed that her husband had been the band director for thirty-two to thirty-three \nyears at the Malvern High School.  Mrs. Williams testified that she found out about her husband’s \nband meeting the morning of April 26.  She confirmed that it was her understanding that it was \njust a day trip, and he would not be spending the night.  Mrs. Williams confirmed that he took his \npickup truck to attend the band meeting.  She agreed that he sometimes took a van/school vehicle, \nif he transported students.  Mrs. Williams confirmed that the school has a Suburban available if \nteachers or band directors wanted to use it to go to different events.      \nMrs. Williams confirmed that she read the police report from the accident that happened \non April 26.  However, she verified that she does not know any of the individuals named in the \nreport.  Nor does she have any reason to believe that her husband knew any of them. \nMr. Grant Williams \n Mr.  Williams  testified  that  he  is  a  police  officer  for  Ouachita  Baptist  University.    He \nconfirmed  that  Kenneth  Williams  was  his  father.    Mr.  Williams  further  confirmed  that  his  dad \nwould routinely transport items for the band (such as drums, instruments, music stands, and chairs) \nin  his  personal  vehicle,  as  band  director  for  Malvern  High  School.    He  confirmed  that  he  was \n\nWilliams – H207041 \n7 \n \nfamiliar with the day-to-day activities of his dad as band director.  Mr. Williams confirmed that he \nparticipated in the band while in school.   \nWith respect to the accident, Mr. Williams testified that he was notified of the accident by \nTrooper Daniels, with the Arkansas State Police.  He confirmed that the Claimant had been to a \nmeeting before his accident.  However, Mr. Williams admitted that he did not know where his dad \nwas headed at the time of his accident.   \nMr.  Williams  confirmed  that  he  after  the  accident,  he  picked  his  dad’s  truck  up.    He \nconfirmed  that  he  observed  what  was  in  his  dad’s  truck.    Mr.  Williams  was  shown  photos  of \nevidence that depicted the contents of the vehicle when he picked it up after his father’s death.  He \nconfirmed that at page 29 of Claimant’s Non-Medical Exhibit, the photo reflects what he saw when \nhe  picked  up  the  vehicle.    He  confirmed  that  there  was  an  orange  Malvern  High  School  jacket, \nwhich was something his father wore.  Mr. Williams also observed his dad’s backpack, computer, \na Bible, a journal notebook, a band instrument, and sheet music.  He confirmed that he returned \nall Malvern High School property to the high school.  \nJon Stevenson      \n Mr.  Stevenson  is  the  Band  Director  at  Malvern  Middle  School  and  the  Assistant  Band \nDirector at Malvern High School.  He confirmed that he worked with Mr. Williams during the last \nschool  year.    At  the  time  of  Mr.  Williams’  death,  he  worked  in  this  position.    Mr.  Stevenson \nconfirmed that they worked together cohesively between the high school and middle school. He \nconfirmed  that  he  is  familiar  with  Arkansas  School  Band  and  Orchestra  Association.    Mr. \nStevenson  verified  that  he  is  a  member  and  that  his  dues  are  paid  out  of  the  band  budget.    He \nexplained that the organization allows other band directors and orchestra directors to get together \nto help their students with performing activities such as all region band or concert  assessments. \n\nWilliams – H207041 \n8 \n \nMr. Stevenson explained that it is an organization that provides a way for them to collaborate with \neach other and get together to figure out ways to continue to teach their students band and music \nin general.   He confirmed that they have to be a member of ASBOA for their students to be eligible \nto participate different performances during all-region and all-state band competitions.    \n  He confirmed that Mr. Williams was a member of ASBOA.  Mr. Stevenson confirmed that \nthere was a meeting scheduled for April 26, 2022.  He admitted that he was at that meeting.  Mr. \nStevenson confirmed the agenda of record for the spring meeting of that year.  He verified that the \nmeeting was mandatory for band director.  Per Mr. Stevenson, normally the region chair would \nnotify their principals or the school if they failed to attend the meeting.  Therefore, it was important \nfor them to attend those meetings.              \n Mr. Stevenson was shown a copy of the agenda for the meeting, which stated the meeting \nstarted at 5:12 p.m., and was held at the Goza Middle School.  He confirmed that under the Region \nEvent and Dates there was a motion to accept the events and dates, which was one of the purposes \nof the meeting.  Mr. Stevenson confirmed that the document  shows that the Claimant made the \nmotion.  He further confirmed that Mr. Williams attended the meeting.   \n Under further questioning, Mr. Stevenson testified that he used his own personal vehicle \nto get to the meeting.  He confirmed that Mr. Williams also used his own vehicle.  Mr. Stevenson \ndenied  that  he  had  to  get  permission  from  Ms.  Shnaekel  or  anyone  to  attend  the  meeting.    He \nagreed  that  there  was  an  email  sent  to  them  (which  included  Mr.  Williams)  about  payment  for \nsome patches, so their students could participate in the all-region band.  He testified that the patches \nwere paid for out of the band budget.  Mr. Stevenson denied having any knowledge of where the \nClaimant was headed after the meeting, or if the Claimant was going back to Malvern High School.  \n\nWilliams – H207041 \n9 \n \n Mr. Stevenson agreed that there are invitational competitions, such as marching assessment \nfor  regional  and  state  competitions,  football  games  and  auditions  they  must  participate  in.    He \nconfirmed that Mr. Williams has judged the competitions, many of which were outside the normal \nschool hours.    \nOn cross-examination, Mr. Stevenson admitted that the school did not reimburse him  \nfor his travel to Arkadelphia.  \nGary Burton, Jr. \n Mr. Burton testified that he authored, Claimant’s Exhibit 2.  He confirmed that on April \n26, 2022, he worked as a reporter and anchor for KARK 4 News and Fox 16.  Mr. Burton admitted \nthat he did an article about the fatal death of the Malvern High School Band Director’s passing, \nwhich has been introduced into evidence.  He confirmed that he investigated the incident and wrote \nthe article after speaking with folks from the Malvern School District.  Mr. Burton agreed that he \nreceived  information  that  Mr.  Williams  was  headed  back  to  Malvern  after  having  attended  a \nregional band directors’ meeting in Arkadelphia.   He confirmed that he received the information \nfrom someone with the school district, Manuel Bulhoes, the Assistant Principal of Malvern High \nSchool.      \nJennifer West Shnaekel \n Ms. Schnaekel testified on behalf of the Respondents.  She is the principal for the1 Malvern \nSchool District.  She has worked in that capacity for nine years.  Ms. Shnaekel gave an overview \nof  her  employment  duties  as  principal.    She  confirmed  that  she  was  Mr.  Williams’  direct \nsupervisor.  Ms. Shnaekel also explained Mr. Williams’ employment duties, band director.   \n She confirmed that Mr. Williams had to complete sixty hours of professional development \ntraining.  Ms. Shnaekel admitted that she is familiar with ASBOA.  She denied that his attendance \n\nWilliams – H207041 \n10 \n \nat ASBOA was in any way part of his professional development hours.  Ms. Shnaekel denied she \nwas aware that Mr. Williams was traveling to Arkadelphia to any type of meeting.  Nor was there \nany paperwork presented to her office for the trip to the meeting.  She testified that she is not a \nmember of ASBOA, she could not state the meeting was mandatory.  Ms. Shnaekel testified that \nnot being a member of ASBOA, or familiar with the organization, she cannot say attendance at the \nmeeting was mandatory.  She denied that it benefitted the school for Mr. Williams to stop and help \nsomeone on the side of the rode. She denied that the Claimant was required to act as a firefighter, \npolice officer or EMT as part of his job duties as a band director. \n On cross-examination, Ms. Shnaekel confirmed that she does not dispute Mr. Stevenson’s \ntestimony that he did not obtain anybody’s permission to attend the meeting.   She again confirmed \nthat  it  was  her  position  that  the  meeting  was  an  informal  meeting  of  some  band  friends.    Ms. \nShnaekel admitted that Mr. Williams would sometimes stop by her office, and mention to her that \nhe had gone to dinner with other band directors.   \n The  documentary  evidence  shows  that  the  Claimant  was  killed  on  I-30  while  assisting \nindividuals involved in a car accident on April 26, 2022.  Another vehicle came along and lost a \ntire, which stuck and killed the Claimant.     \n \n                    Adjudication \n \nEmployment Services \n \nFor the Claimant to establish a compensable injury as a  result of a specific incident, the \nfollowing requirements of Ark. Code Ann. §11-9- 102(4)(A)(i) (Repl. 2002), must be established: \n(1)  proof  by  a  preponderance  of  the  evidence  of  an  injury  arising  out  of  and  in  the  course  of \nemployment;  (2)  proof  by  a  preponderance  of  the  evidence  that  the  injury  caused  internal  or \nexternal  physical  harm  to  the  body  which  required  medical  services  or  resulted  in  disability  or \n\nWilliams – H207041 \n11 \n \ndeath; (3) medical evidence supported by objective findings, as defined in Ark. Code Ann. §11-9-\n102 (4)(D), establishing the injury; and (4) proof by a preponderance of the evidence that the injury \nwas  caused  by  a  specific  incident  and  is  identifiable  by  time  and  place  of  occurrence.  Mikel  v. \nEngineered Specialty Plastics, 56 Ark. App. 126, 938 S.W.2d 876 (1997). \nEmployment  services  may  be  defined  as  an  activity  which  benefits  the  employer. CV’s \nFamily Foods v. Caverly, 2009 Ark. App. 114, 304 S.W.3d 671 (2009).  The test for whether an \nemployee’s injuries resulted from work-related services is whether the injury occurred within the \ntime and space boundaries of employment when the employee was carrying out the employer’s \npurpose or advancing the employer’s interest either directly or indirectly. White v. Georgia-Pacific \nCorp., 339 Ark. 474, 6 S.W.3d 98 (1999).  \nAt issue is whether the accident occurred while the Claimant was performing employment \nservices the time of his fatal accidental injury of April 26, 2022.  The Claimant’s accident occurred \nwhile he was helping the occupants involved in a previous accident when a tire blow from another \ncar, striking the Claimant.    \nHere, the Claimant was the Band Director for Malvern High School for over three decades.  \nHe was required to routinely travel as part of his duties as a band director.  This is established by \nthe testimony of all of the witnesses.  Therefore, I find that the Claimant was required to travel as \nan integral part of his job.  Although the Claimant often times used his personable vehicle to travel, \nhe did not request reimbursement from the school district.  The evidence shows that the Claimant \nwas returning home from a mandatory regional band meeting that benefitted the students and the \nschool district.  I did not find his supervisor’s testimony credible in this regard.  Nevertheless, the \nmeeting that the Claimant attended related to his job as band directed and advanced the interests \nof the students as well as the school.   I find that the Claimant was performing employment services \n\nWilliams – H207041 \n12 \n \nat the time that his fatal work accident occurred because he had not yet returned home.  His accident \noccurred while returning home, although he had gotten out of his car along the path home to help \nother motorists.   \nTo summarize, the evidence demonstrates that, because travel was an essential part of the \nClaimant’s work for the school  district  as  band  director  on  April  26,  2022  when  his  accidental \ndeath  arose  out  of  and  in  the  course  of  the  Claimant’s employment.  The record shows that the \naccident occurred within the time and space boundaries of the  employment, when the  Claimant \nwas directly carrying out the employer’s purpose by returning home from his trip.  Whether or not \nthe Claimant was assisting other individuals on the road or in his vehicle, the record indicates in \nwas attempting to return home at the time of his accident.  He had not veered of the beam at the \ntime of his accident.    \n         AWARD \n The Claimant was performing employment services at the time of his fatal accident on \nApril 26, 2022.  \n      IT IS SO ORDERED. \n \n \n          ______________________________ \n          HON. CHANDRA L. BLACK \n                 ADMINISTRATIVE LAW JUDGE \n \n \n \n \n \n\nWilliams – H207041 \n13","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO.: H207041 KENNETH WILLIAMS (DEC’D), EMPLOYEE CLAIMANT MALVERN SCHOOL DISTRICT, EMPLOYER RESPONDENT ARKANSAS SCHOOL BOARDS ASSOCIATION, INSURANCE CARRIER/ THIRD PARTY ADMINISTRATOR(TPA) RESPONDENT OPINION FILED JUNE 29, 2023 Hearing held before ADMINISTRATIVE...","fetched_at":"2026-05-19T23:07:01.244Z","links":{"html":"/opinions/alj-H207041-2023-06-29","pdf":"https://labor.arkansas.gov/wp-content/uploads/WILLIAMS_KENNETH_H207041_20230629.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}