Claimant testified that on July 6, 2007, she was employed for the employer as a certified nurse's aid working the 2:00 p.m. to 10:30 p.m. shift. Her duties consisted of such things as assisting residents in getting into and out of bed; getting them ready for and taking them to the evening meal; taking them to the restroom and assisting them with bathing.
On July 6, 2007, Claimant and a co-worker were responsible for assisting some 20 to 22 residents. Claimant testified that the busiest time of the shift was getting people ready for the evening meal, as they were to have everyone in the dining room at 5:00 p.m., so their dinner trays could be delivered. In order to try to get everyone in the dining room by 5:00, the CNA's would begin taking residents to the dining room around 4:00 p.m.
At approximately 4:45 p.m. on July 6, Claimant had just finished taking a resident to the dining room and was in the process of going to get another when she came upon one of her resident's sitting in a wheel chair at the nurses' station. That resident told the Claimant she needed to go to the restroom. Claimant informed the resident she would have to go get a lift to assist getting the person out of the wheelchair and to the restroom. Claimant testified it would take 15 to 20 minutes to get the lift and get the resident to the restroom before she could then resume taking people to the dining room for the evening meal. She was walking down the hall at a rapid pace, faster than her normal pace, to get the lift when she tripped over her shoe and fell forward on her face and left shoulder. She did not know if her shoe stuck or caught on the floor, just that she tripped over her shoe. The incident was reported and Claimant was taken by ambulance to the emergency room at the Audrain Medical Center, where x-rays were taken suggesting a possible rotator cuff tear.
Employer then sent Claimant to see Dr. Mary Jo Crawford, who also suspected a rotator cuff tear, placed claimant in a sling, and sent her for an MRI. Dr. Crawford then referred claimant to Dr. Quinn at Columbia Orthopaedic Group. Upon arriving at Dr. Quinn's office on July 16, claimant was informed the employer was denying treatment and if she wanted to see Dr. Quinn, she would have to pay for it herself. Claimant agreed to pay for the visit. After reviewing the MRI, Dr. Quinn diagnosed a large rotator cuff tear and recommended surgery and physical therapy. Claimant testified that she did not get either the surgery or the therapy, as she did not have health insurance and could not afford to pay for it herself.
Dr. Quinn informed Claimant she could perform light duty work and Claimant so advised the employer. Claimant testified the employer declined to offer her light duty work. Claimant returned to Dr. Quinn on July31, at which time the doctor told her she needed to have surgery and there was no need for her to return unless it was to have the surgery performed.
Claimant testified she then called the employer to ask them to reconsider light duty, which the employer again declined to offer. Employer terminated Claimant's employment approximately a week later. Claimant did not work following the incident on July 6, 2007, until October 11, 2007, at which time she went to work caring for a lady in the lady's home.
I find the Claimant to be a credible witness.