Friday, January 24, 2020

Lack of hazard defeats claim for fall at work

Lula Gray, dec.  v Hy-Vee Food Services
Emcasco Ins. Co.

Release Date:   1/10/2020  (Accident date:  Oct 3, 2014)

Venue:  Columbia, MO

Plot Summary:  An 82-year old part-time restaurant helper fell after walking 15 to 20 steps into the store on a clean, smooth polished floor resulting in injuries to her shoulder and the need for a shoulder replacement.  The Commission affirms a denial of benefits, including a denial of more than $82,000 in disputed bills.


https://labor.mo.gov/sites/labor/files/decisions_wc/GrayLula14-0749975-10-20.pdf
Inj.  No.  14-074997

Cast:
Fisher, ALJ

Comments:
The ALJ summarizes statements that claimant reported she tripped over her own feet, or the shoes "got her" (again).  She further stated she had "no idea"  why she fell and could identify no risk associated with the property that caused her to lose her balance.