The Arkansas Claims Commission has awarded $50,000 to the widow of a Sebastian County deputy sheriff who died while on duty, but declined to grant her additional “hazardous duty” benefits.
The commission found that the death of Cpl. Terry Wayne Johnson did not meet the statutory requirements under Arkansas Code Annotated 21-5-705 that would allow the award of additional benefits.
Johnson, 48, was patrolling along Arkansas 96 in Lavaca the morning of March 2 when his Chevrolet Tahoe left the roadway and crashed into a ditch. Johnson was taken to Mercy Hospitalin Fort Smith where he died from his injuries at 12:42 p.m.
Johnson was hired by the department Aug. 1, 1994.
Johnson’s widow, Carla Johnson of Barling, filed a claim for death benefits in August, and the commission held a hearing in the case Dec. 13.
By law, the families of public employees killed in the line of duty are eligible for $50,000 if the claim is filed within five years of the employee’s death. The families are eligible for an additional $150,000 if the public employee is killed while engaging in exceptionally hazardous work.
The commission found that though the exact cause of the crash was unknown, itwas clear that Johnson was not engaged in “hazardous duty,” as it is described in the law. Those circumstances are defined as “in the official line of duty as the result of the criminal or negligent action of another person or persons or as the result of the engagement in exceptionally hazardous duty” or “in the time of duty while the officer or employee were performing emergency medical activities.”
“No such activity occurred in this situation and, as the state police report clearly states, the wreck did not see the deceased ejected from the vehicle, there was no obscured vision, the night was clear, the road conditions were dry, the roadstraight, level and with no defects or construction work occurring on it, the lanes were clearly marked, was not near an intersection and involved only the deceased vehicle,” the commission wrote.
Commissioners Pat Moran, H.T. Moore and Jim Baker also wrote that there was no evidence that Johnson was responding to a call.
“The deceased was simply performing his normal patrol duty,” the commission wrote.
The commission also denied scholarship benefits to Johnson’s widow because they are “tied” to the hazardous duty statute and awards. Families of certain public employees killed while performing hazardous work are eligible for the benefits under Arkansas Code Annotated 6-82-503.
Northwest Arkansas, Pages 11 on 12/21/2013