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Hutchinson man denied workers’ compensation after Supreme Court ruling

HUTCHINSON, Kan. — A Hutchinson man who was severely injured when he was hit by a drunk driver in Oklahoma has been denied workers’ compensation after a ruling from the Kansas Supreme Court.

Jesse Atkins was on a work crew for Webcon, Inc. when he was hit by a vehicle as he walked from a bar back to his hotel room in June of 2009. Atkins suffered serious injuries. He had a leg amputated and lost a finger, among other injuries.

The question was whether Atkins was entitled to workers’ compensation for being on a traveling work crew even if he was not actually on the job. While travel to and from a job site could be included as part of actual work, walking from a restaurant or bar back to his hotel room was not. After being denied compensation, Atkins went before the Court of Appeals to plead his case in January of 2016.

The Court of Appeals stated that the facts demonstrate Atkins was not going to or coming from work when he was injured. While at the bar, Atkins was not fulfilling a work-related duty. While walking from the bar back to his hotel room in the early morning hours, Atkins was not on the way to assuming any of the duties of his employment.

The Supreme Court affirmed the ruling.

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