Tuesday, March 10, 2020

Commission awards temporary benefits using a "last straw" analysis.

Georgetta Hull v Valitas Health Services

Release Date:  March 6, 2020 (Accident date July 2, 2018)

Venue:  Columbia:

Plot Summary:  Claimant, a 69 year old intake officer, claims she hurt her shoulder in a cafeteria when a corrections officer who was yelling (or "talking loudly") jerked a door she was holding and
aggravated a prior tendon tear.

https://labor.mo.gov/sites/labor/files/decisions_wc/HullGeorgetta18-05021803-06-20.pdf

Cast:
Schaefer, ALJ
Tarbox


Memorable Quotes:

" the fact that Claimant received prior treatment and had prior complaints regarding her shoulder is not controlling …. his injury was "the straw that broke the camel's back", and, thus, the prevailing factor ln the injury to Claimant's right shoulder..."