Maral Annayeva v. SAB of the TSD of the City of St Louis
Release Date: March 17 2020
Plot Summary: The Supreme Court reverses an award of benefits for a claimant who alleges she fell on the employer's property and failed to carry her burden of persuasion that her accident arose out of and in the course of employment. She testified initially that the floor was normal and later testified that the surface of the floor had dirt, ice, dust and moisture which was a job risk that caused her to fall. The court found she failed to prove a hazard that she was not equally exposed to away from work.
https://www.courts.mo.gov/file.jsp?id=152156
SC 98122
Cast:
Hon. Fischer
Comments: Claimant described a plethora of medical symptoms which included: "pain in her legs, back, head, right thigh, right hip, neck, arms, right shoulder and fingers. Additionally, Annayeva complained of breathing problems, stomach problems, liver problems, anxiety, depression, dizziness, nausea, face drooping, and cysts on her fingers".
The court of appeals had awarded benefits, reversed a denial from the Commisison, and found claimant credible that she slipped on a foreign substance on an unclear floor and considered omissions in the medical history not dispositive whether a hazard existed.
https://www.courts.mo.gov/file/ED/Opinion_ED107558.pdf
The ALJ had found: The ALJ found that Claimant had “failed to provide credible testimony to [the] Court” and found that her testimony regarding her “injuries and their subsequent effects verged on the point of malingering.” Further, the ALJ found Claimant’s experts’ opinions “specious” because they were based on Claimant’s “own subjective description of her maladies.” The ALJ concluded that there was “little or no objective medical finding to support any of Claimant’s anomalies.”
Memorable quotes:
"Annayeva testified the condition of the linoleum floor on the day of the accident was "normal" but, after being repeatedly questioned by her attorney, she recanted this answer and testified the floor was covered by particles of dirt, ice, dust, and moisture."
