Appeals court denies benefits for high school band director killed at accident scene

The Arkansas Court of Appeals upheld the denial of benefits for a longtime high school band director who was killed while assisting motorists who were in a car accident he encountered while going home from a meeting.

Kenneth Williams was working for the Malvern School District as a high school band director in 2022 when he came to assist a car accident on the side of an interstate on his way back from a mandatory band-related meeting, according to Williams v. Malvern School District, filed Wednesday.

Mr. Williams was killed when a second accident occurred at the scene.

The School District contested a workers compensation claim.

An administrative law judge found that Mr. Williams was required to routinely travel as part of his duties as a band director and that he was returning from a mandatory regional meeting that benefitted the students and the district. The ALJ found that Mr. Williams was performing employment services at the time of his death because he had not yet returned home.

The Workers’ Compensation Commission reversed, finding that Mr. Williams was not performing employment services when he chose to exit his personal vehicle and assist others on the highway before he was killed.

The Arkansas Court of Appeals said the commission was correct that the relevant inquiry for compensability purposes is whether Mr. Williams was performing employment services when his injuries occurred.

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