McDowell v St. Lukes Hospital of Kansas City
DOLIR 8-22-2018 Fowler
Atty: Coopae, Stretz
The commission in a 2-1 decision affirms an award of benefits when a 68 year old scientist caught a two wheel cart on the employer's doorway and fell and was awarded nearly $58,000 in benefits for a wrist fracture.
Claimant alleges she fell on a employer owned parking garage and she could identify no defect or hazard with the property. Claimant had prior bilateral hip problems, one hip replacement before the accident, and was a "fall" hazard. She claims another employee obstructed her path and when she turned the cart she carried behind her caught on the door frame and she fell on her wrist. The employer denied the claim and she sought treatment on her own for a distal radius fracture.
The employer asserted an idiopathic fall defense, but offered on no evidence of prior idiopathic falls but evidence that she was a fall hazard. She made a statement "with her artificial hip" that she fell. The employer further argued that the cart was a personal apparatus and that its role in the fall was a risk unconnected to her employment.
The ALJ found that because the cart contained work related items necessary for her job then it was not a purely personal item disconnected to employment risks. She testified her supervisor suggested that she use the cart. The commission relied upon Narens for the concept that exposure to walking in a congested area at the time of the accident was a unique occupational risk. Narens involved both congestion and an uneven and broken surface.
The ALJ noted that disfigurement was not raised as an issue nor was evidence introduced on that issue.
