Sherry Neighbors v. The Salvation Army
21-029047 D/A 2-11-2021
The Commission affirms a PPD award 2-1 of more than $70,000 for a 60 year old former employee with arthritis who claims repeittive trauma disorder to both shoulders and both feet based on testimony of 'unrelenting' work for 15 years standing on concrete 40 hours a week, lifting items, and putting clothes on racks and using vibrating equipment. A dissent felt she exaggerated her job duties.
She claims she quit when she could no longer lift her arms. The ALJ admitted non-peer reviewed magazines and noted a "negative interaction" between the expert and the doctor. The ALJ found the events compensable whether they caused arthritis or aggravated it.
ALJ Fowler
Atty: McKay, Smith
Experts: Charapata, Frevert, Lingenfelter, Hallaron
