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HEADNOTE: Alfons James Pohopek v. McElroy Truck Lines, Inc., No. 1314, September Term 2000. WORKER'S COMPENSATION - EMPLOYEES WITHIN ACTS - The status of an employee employed in a single job position that is both "regularly" within the State and, concurrently, "regularly" outside of the State, creates a condition not expressly contemplated by the Code, yet entirely possible within Maryland's modern work force. WORKER'S COMPENSATION - EMPLOYEES WITHIN ACTS - A finding of regular employment outside of the State is inconsequential, until there is a finding of casual employment within the State. Until there is a finding of casual employment within the State, the only determinative status of work outside of the State is either "whole" or "casual."

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND

No.

1314

September Term, 2000 _________________________________ __

ALFONS JAMES POHOPEK

v.

McELROY TRUCK LINES, INC.

_________________________________ __

Sonner, Moylan, Charles E., Jr. (retired, specially assigned) Thieme, Raymond G., Jr. (retired, specially assigned) JJ. _________________________________ __

Opinion by Sonner, J.

_________________________________ __

Filed: September 5, 2001

Appellant, Alfons James Pohopek, appeals the decision of the Circuit Court for St. Mary's County that reversed an order of the Maryland Workers' Compensation Commission ("the

Commission"), which held that Maryland had jurisdiction over Pohopek's workers' compensation claim. The Commission found

that Pohopek was a "covered employee," as defined by Section 9203 of the Labor & Employment Article of the Maryland Code. Appellee, McElroy Truck Lines, Inc. ("McElroy"), appealed the Commission's order to the circuit court, where it filed a motion for summary judgment. After and a hearing, the circuit did not court have

granted

McElroy's

motion

found

Maryland

jurisdiction over Pohopek's claim.

Upon our review, we find the

Commission's original ruling to be correct, and reverse the circuit court. Pohopek, a St. Mary's County resident, answered an

employment advertisement listed by McElroy in The Enterprise, a southern Maryland newspaper. McElroy's principal place of

business is Cuba, Alabama, but Pohopek applied for a truck driver position through a McElroy representative in North

Carolina.

Pohopek accepted an employment offer from McElroy and

attended orientation and training sessions in North Carolina. At McElroy's request, Pohopek, a licensed commercial truck

driver in Pennsylvania, obtained a Maryland commercial driver's license.

As part of his employment agreement with McElroy, Pohopek was to keep the company-owned tractor-trailer truck near his residence in St. Mary's County on the weekends. During the

weekends, Pohopek was responsible for the safekeeping of the truck, as well as regular maintenance, including cleaning and waxing. Often, the truck was fully loaded for a Monday morning

delivery, and Pohopek was also responsible for the safe storage of those goods. In the early morning hours each Monday, Pohopek

would conduct a pre-trip checklist of the truck, which consisted of testing the engine, brakes, lights, and other routine

mechanical components.

Pohopek then, in accordance with federal

requirements, updated his log book. Setting out from his home in Maryland on Monday mornings, Pohopek drove to various states along the eastern seaboard, including states as far north as New Hampshire and as far south as Alabama. During the week, Pohopek sometimes drove through On Fridays,

Maryland, making regular deliveries and pickups.

Pohopek picked up his last load of the week to be delivered Monday morning, and then returned home. McElroy withheld

Maryland state taxes from Pohopek's paychecks and mailed those paychecks to Pohopek's home in Maryland. After working for McElroy for approximately six months, Pohopek was involved in an accident while traveling in South

2

Carolina in April 1998.

In June 1998, Pohopek filed a workers'

compensation claim in Maryland for the personal injuries he suffered in the accident. After a hearing on April 26, 1999,

the Commission held that Pohopek was a "covered employee," as defined by Section 9-203 of the Labor & Employment Article of the Maryland Code. McElroy appealed to the circuit court and,

on June 29, 2000, the Circuit Court for St. Mary's County held a hearing on the issue of Maryland's jurisdiction over Pohopek's claim. opinion, Maryland. Discussion When granting summary judgment, the circuit court makes rulings as a matter of law and does not resolve disputed issues of fact. Under Maryland Rule 2-501 (2001), the standard of On July 7, 2000, the circuit court ruled, in a written that Pohopek was not regularly employed within

review for summary judgment is whether the circuit court is legally correct. Bowen v. Smith, 342 Md. 449, 454, 677 A.2d 81

(1996); Nationwide Ins. Cos. v. Rhodes, 127 Md. App. 231, 235, 732 A.2d 388 (1999); Commercial Union Ins. Co. v. Harleysville Mut. Ins. Co., 110 Md. App. 45, 51, 675 A.2d 1059 (1996). The

question before this Court is whether the circuit court was legally correct in ruling that Pohopek was not a "covered

employee," as defined by the Labor & Employment Article of the 3

Maryland Code. Section 9-203 of the Maryland Code reads as follows:

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