Anita Paxton v Little Sisters of the Poor
Release Date: 1-5-2021
Venue: St. Louis City
Plot Summary: The claimant was a registered nurse who fell on ice in a parking lot and hurt her ankle and then fell again and hurt her elbow. She was terminated while on light duty restrictions. Claimant had been disciplined for issues related to her job duties related to the secure control of and misdistribution of medication. The doctors further disputed whether all of claimant's medical conditions flowed from the accident.
The Commission reverses a denial of the misconduct defense and finds no requirement the misconduct must flow from willful conduct.
Cast
Carlisle
Hennessey
Amsler
Volarich - 40% ankle
Krause 5% fracture
Notes:
The ALJ found Dr. Volarich more persuasive that the accident caused both a fracture and peroneal nerve injury. the ALJ awarded 25% for the fracture and 7.5% of the elbow. The ALJ found the employer failed to show misconduct to disqualify claimant from temporary benefits. The ALJ noted the term misconduct is not defined and that examples of misconduct to disqualify someone from unemployment benefits is not dispositive. The ALJ found the employer's witnesses were "less than credible" and notes the absence of harm or intent from any alleged accident.
The Commission modified the award and found the claimant's admitted conduct to be irresponsible, dangerous and unlawful and the ALJ improperly added a requirement of "intentional" misconduct to trigger the penalty provision. As such, the Commission noted the award of $12,605.85 was erroneous.
A dissent would not have supported an order to repay the benefits and would have not awarded a penalty without proof of an intentional act or proof that the misconduct itself must have some causal relationship to the injury.
