Sydney Durr v Americare Systems
Release Date: 6/16/2021 (March 2015)
Venue: Wayne County
Plot Summary: A 30 yo CNA twisted her knee when her foot (wearing non-skid shoes) planted while stepping backwards out of a tight space between the bed and wall and states that day she was "rushed" to distribute water to the residents. The commission reversed an award of more than $30,000 in benefits and noted claimant failed to prove an injury arising out of her employment.
Inj. No. 15-013660
Parties:
Byrne, ALJ
Schellhammer
Kornblum
Woiteshek
Bagwe
Ritter
Comments: The ALJ awarded approximately $22,000 in bills and reduced the award of TTD because claimant did not follow pre-op instructions and the surgery had to be rescheduled. The ALJ awarded 15% in PPD.
The Commission, 2-1, indicated claimant did not identify any problem with lighting, or substance on floor to cause her to fall and she was not holding anything in her hands at the time. The Commission found the injury did not arise out of employment because twisting and turning was not a condition of employment nor was the risk from twisting and turning distinguishable from similar movements outside of work.
