Cassaundra Hayes v Sweetie Pie's Upper Crust
Market Ins. Company
Release date: Feb. 21, 2020 (Accident date May 31, 2017)
Venue: St. Louis City
Plot Summary: The Commission affirms a denial of a pro se case based on claimant's failure to prove accident that exposure to steam in a kitchen from "corrosion" caused injury to her throat, her voice and precipitated a stroke.
https://labor.mo.gov/sites/labor/files/decisions_wc/HayesCassaundra17-06179302-21-20.pdf
Inj. 17-061793
Cast:
Carlisle, ALJ
Long, atty
Memorable quotes
Employee alleges the administrative law judge did not understand her case and that employer wants her to be paid workers' compensation benefits.
Employee alleged that since May of 2017 she has been having speech problems, loss of feeling on her left side, difficulty holding a cup with her left (dominant) hand, and slurred speech. Employee claims that she "didn't have that problem before that happened to me on the job." Employee testified she sought treatment for pain management that led to getting a cane and ultimately a walker. When the administrative law judge inquired whether employee had either a cane or walker with her, employee responded that she had left both assistive devices in her car because she was "running late."''
Comments: The ALJ found claimant did not establish an accident from a traumatic event or unusual strain occurred in a single shift, she lacked medial evidence to support causation and she lacked credibility. Most of her proposed exhibits were excluded.
The Commission still allowed review on the merits of the appeal although claimant failed to comply with 8 CSR 20-3.030(3)(A) and failed to show cause to submit additional evidence on appeal
