Employee has been a diabetic for 15 years and is insulin dependent. On January 5, 2007, Employee suffered an incident in which her blood sugar dropped too low. She collapsed at work, became unconscious, lost bladder control, and was shaking and foaming at the mouth. A customer, who also was a paramedic, called 911. Over the objections of her husband, Employee was transported to a nearby hospital where she was treated and released later that evening. Employee returned to work five days later with no additional injuries or disability. Employee seeks only reimbursement of the medical expenses she incurred on January 5, 2007, including the ambulance ride to the hospital.
Employee asserts that she is entitled to reimbursement of her medical expenses because 1) neither she or her husband requested any medical treatment; 2) Wal-Mart management authorized the medical treatment and assured Employee's husband that the bills would be paid; and 3) Employee suffered the diabetic episode only after Employer altered her work schedule and then refused to allow her to take her lunch break when necessary.
There is no dispute that when Employee first began working for Wal-Mart she had steady work hours, beginning and ending at the same time each day. When there was a change in management, Employee's hours were altered. But Charlotte Campbell, the lead Deli person, dispelled any notion that Employee's work schedule was erratic. Ms. Campbell explained that Employee normally worked days and her start time could fluctuate by an hour. Employee was required to take a lunch break within six hours and she additionally was provided two breaks, during which she could also eat. Employee admitted that even when she had a set work schedule, she had problems controlling her diabetes and previously had suffered a diabetic event while at work.
Employee began work at 6:00 a.m. on the morning of January 5, 2007. She would have been scheduled to take her lunch by Noon. Shortly before Noon, Employee advised her supervisor that she needed to eat something. Her supervisor, Charlotte Campbell, said that Employee could go to lunch as soon as her co-worker returned from her break, which was in about 15 minutes. Employee testified by deposition that, if her blood sugar is too low, she could eat a piece of candy to remedy the situation. Prior to Noon, Employee collapsed-without having made it to her lunch break.
Ms. Campbell said she observed Claimant on the floor, unconscious, jerking and shaking, with foam coming from her mouth. Employee had lost control of her bladder. A customer who was an off-duty paramedic came into the Deli area to tend to Employee. Ms. Campbell then called a "Code White" over the store intercom to alert the store's management that there was a medical emergency.
Despite conflicting testimony, Charlotte Campbell credibly testified that she did not initiate a call to Employee's mother or anyone else outside of the Wal-Mart store. Ms. Campbell did answer the telephone in the Deli area and spoke with Employee's husband who was on the other end of the phone line. Ms. Campbell did not assure Employee's husband or anyone else that Wal-Mart would pay for any medical bills. Ms. Campbell knew she had no authority to authorize any medical bills.
Shirley Piggott, an assistant manager in charge of safety, heard the "Code White" and responded to the Deli with other managers. She observed Employee who was incoherent, had lost control of her bodily functions, and was foaming from her mouth. It was Ms. Piggott who contacted Employee's mother and asked that she contact Employee's husband. Ms. Piggott did not call 911. As a result of the 911 call made by the customer/paramedic, an ambulance arrived about the same time that the store's management had arrived in the Deli. This also was about the same time that Employee's husband was on the phone with Charlotte Campbell.
When Ms. Campbell received the phone call in the Deli, she spoke briefly to Employee's husband and then handed the telephone to a paramedic who was attending to Employee. Employee's husband attempted to direct his wife's medical care and asked the paramedic not to transport his wife to the hospital; but the ambulance paramedic ignored the husband's request. The paramedics made the decision to transport Employee to the hospital. The personnel from Wal-Mart did not make the decision to transport Employee to the hospital.
Like Ms. Campbell, I find, based on all of the evidence, that Ms. Piggott also did not assure Employee's husband that Wal-Mart would pay any bills. While there were other managers on the scene in the Deli after Employee had collapsed, there is no credible evidence identifying any one of these other managers as having assured Employee's husband or mother that medical bills would be paid by Wal-Mart.
Employee still was incoherent when she left the store. Employee's mother stated that she, also, asked that her daughter not be sent to the hospital. Employee's mother, however, did not know that her daughter had lost bladder control or was foaming at the mouth.
Employee did not have health insurance because she did not believe she could afford the insurance premium. It was for this reason that Employee's husband did not want Employee taken to the hospital and incur expenses for what he believed was a minor incident. Employee's husband had been a diabetic and was familiar with the treatment for his wife's condition. While he testified that he believed the whole incident was ridiculous, he admitted that when he arrived at the hospital his wife still was unconscious. Even though he personally attempted to administer some sugar to his wife, she would not cooperate. Employee's husband admitted that t