Friday, January 24, 2020

Commission bumps up 30 hour rule based on additional wage testimony

Gabrielle Graham v Rosewood Health and Rehabilitation Center
Health Care Facilities of MO

Release Date:  1-7-2020 (Accident date 7-15-2014)

Venue:  Jackson County, MO

Plot Summary:  28 year old certified nurse's aide sustained injuries when she was bent down and an obese patient dropped her leg on her causing her to fall and injure her neck, back and shoulders.  "Claimant testified that she has significant ongoing complaints as it relates to her body as a whole, referable her neck, shoulders, back, hands and feet. She has chronic pain in her neck down to her buttocks, trouble sleeping and difficulty using her shoulders."

The Commission found reversible error by the ALJ  to base PPD rates on a minimum of 30 hours for the part-time employee, given uncontroverted testimony that full-time employees in the same position worked 40 hours.

https://labor.mo.gov/sites/labor/files/decisions_wc/GrahamGabrielle14-07324901-07-20.pdf


Cast:
Hefner
Mirfasihi
Ebbert
Patel
Stuckmeyer 20%
Fevurly 1%


What's it Worth?

10% BAW cervico-thoracic.