The Commission affirms a denial of benefits to a 68-year old full-time clerk who fell at Bass Pro Outdoor world in Springfield, MO in 2015 after an undisputed fall at work. Claimant sought compensation for a cuff tear and carpal tunnel and asserts she fell on an uneven surface.
She sought benefits of more than $50,000 in medical bills for surgeries to the wrist and shoulder, 12 weeks of TTD, disfigurement and PPD. Claimant alleged she used her left hand more after surgery for her right shoulder and claims the modified duty caused her left hand to become disabled. All benefits were denied.
The ALJ concluded claimant failed to prove injury by accident or occupational disease as she did not identify a credible occupational hazard as the cause of her fall. Claimant's fall was undisputed, witnessed and captured on video. Claimant was pushing a card on a level, concrete surface. Whether or not the surface was uneven was a disputed fact. The claim that the surface was uneven was an evolving history.
The employer produced evidence from a witness who identified no hazard, initial statements from the claimant who denied any identifiable hazards, and a medical history of diabetes, prior falls and impairment to the legs which included prior surgery and polio. A medical expert concluded claimant's carpal tunnel did not arise from her work because her duties were diverse and different and she had other risk factors including age, gender, elevated BMI and non-occupational exposures such as sewing.
Claimant admitted she walked both on similar flat surfaces at other stores and also walked in her employer's facility when he was not working. The ALJ noted the case was distinguishable from Gleason v Treasurer of State of Mo, 455 S.W.3d 494 (Mo. App. 2015) which involved an unexplained fall on area that was elevated and inherently dangerous.
The parties asked the ALJ to address whether claimant sustained an accident, whether the accident arose out of and in the course of employment, and medical causation.
Employee asserted in an appeal that the ALJ incorrectly described some of the medical history. The Commission found any errors did not detract from the findings (not prejudicial). The ALJ found the defense expert was supplied a recorded statement from a witness which was not admissible, but the fact was not reversible error as the ALJ ignored any testimony about it (the witness subsequently was deposed).
Juanita Wall v Bass Pro Outlet World LLC
Inj. No. 15-046926 (Aug 17, 2018)
ALJ Elmer
Atty: Pitts, Johnson
Experts: Schlafly, Lennard
