Hudak-Lee v. Baxter County Regional Hospital, 2011 Ark. 31

Hudak-Lee worked at Baxter County Regional Hospital (BCRH) since 2006 as a unit secretary.
She was injured January 1, 2008 while walking outside during a twelve-hour shift she had been called in to work.
She claimed workers’ compensation for medical treatment and temporary total disability.
ALJ found the injury not compensable because she was not performing employment services at the time.
Courts later reversed and remanded, holding substantial evidence did not support the Commission’s finding.
Evidence showed Appellant was awake for over twenty hours, tending to a suicidal patient, and moving toward returning to work when she fell.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there substantial evidence that Hudak-Lee performed employment services when injured?	Hudak-Lee	BCRH	No; the court held she was performing employment services.

Conner v. Texarkana Sch. Dist., 373 Ark. 372, 284 S.W.3d 57 (2008) (defining employment services and course of employment in injury analysis)
Jivan v. Econ. Inn & Suites, 370 Ark. 414, 260 S.W.3d 281 (2007) (test for employment services mirrors course-and-scope inquiry)
Wallace v. West Fraser South, Inc., 365 Ark. 68, 225 S.W.3d 361 (2006) (break-time injury can be compensable when advancing employer interests)
Collins v. Excel Specialty Prods., 347 Ark. 811, 69 S.W.3d 14 (2002) (restroom break injury compensable if break advances employer interests)
White v. Georgia-Pac. Corp., 339 Ark. 474, 6 S.W.3d 98 (1999) (monitoring work area during break can render injury compensable)
Jonesboro Care & Rehab Ctr. v. Woods, 2010 Ark. 482 (2010) (injury on break can be compensable when employment services performed)
Texarkana Sch. Dist. v. Conner, 373 Ark. 372, 284 S.W.3d 57 (2008) (defined 'employment services' and evaluated in context of injury)