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JoAnn Cooper v. Ozarks Medical Center

Decision date: January 29, 20099 pages

Summary

The Commission affirmed the administrative law judge's award finding that employee JoAnn Cooper's fall while exiting an elevator on October 30, 2007 was a compensable work injury. The award provides for $7,993.62 in unpaid medical expenses and $600.00 in temporary disability compensation, with the case remaining open for final award.

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This workers' comp decision may point to a separate injury claim.

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Caption

Employee:JoAnn Cooper
Employer:Ozarks Medical Center
Insurer:Self-Insured administered by Cannon Cochran Mgt.
Additional Party:Treasurer of Missouri as Custodian of Second Injury Fund (Open)
The above-entitled workers’ compensation case is submitted to the Labor and Industrial Relations Commission for review as provided by section 287.480 RSMo, which provides for review concerning the issue of liability only. Having reviewed the evidence and considered the whole record concerning the issue of liability, the Commission finds that the award of the administrative law judge in this regard is supported by competent and substantial evidence and was made in accordance with the Missouri Workers’ Compensation Act. Pursuant to section 286.090 RSMo, the Commission affirms and adopts the award and decision of the administrative law judge dated October 28, 2008.
This award is only temporary or partial, is subject to further order and the proceedings are hereby continued and kept open until a final award can be made. All parties should be aware of the provisions of section 287.510 RSMo.
The award and decision of Administrative Law Judge David L. Zerrer, issued October 28, 2008, is attached and incorporated by this reference.
Given at Jefferson City, State of Missouri, this 29th day of January 2009.
LABOR AND INDUSTRIAL RELATIONS COMMISSION
William F. Ringer, Chairman
Alice A. Bartlett, Member
John J. Hickey, Member
Attest:

TEMPORARY OR PARTIAL AWARD

Employee: JoAnn Cooper

Injury No. 07-108522

Before the DIVISION OF WORKERS' COMPENSATION

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

Dependents:

Employer: Ozarks Medical Center

Additional Party:

Insurer: Self-insured administered by Cannon Cochran Mgt.

Hearing Date: September 11, 2008

Checked by: DLZ

FINDINGS OF FACT AND RULINGS OF LAW

  1. Are any benefits awarded herein? Yes
  2. Was the injury or occupational disease compensable under Chapter 287? Yes
  3. Was there an accident or incident of occupational disease under the Law? Yes
  4. Date of accident or onset of occupational disease: October 30, 2007
  5. State location where accident occurred or occupational disease contracted: West Plains, Howell County, Missouri
  6. Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes.
  7. Did employer receive proper notice? Yes.
  8. Did accident or occupational disease arise out of and in the course of the employment? Yes
  9. Was claim for compensation filed within time required by Law? Yes.
  10. Was employer insured by above insurer? Self-insured
  11. Describe work employee was doing and how accident happened or occupational disease contracted: Claimant fell exiting elevator
  12. Did accident or occupational disease cause death? No. Date of death? N/A.
  13. Parts of body injured by accident or occupational disease: Back; body as a whole
  1. Compensation paid to-date for temporary disability: None
  2. Value necessary medical aid paid to date by employer/insurer? None
  3. Value necessary medical aid not furnished by employer/insurer? \$7,993.62

Employee: JoAnn Cooper

Injury No. 07-108522

  1. Employee's average weekly wages: $\ 300.00
  2. Weekly compensation rate: $\ 200.00
  3. Method wages computation: Stipulation.

COMPENSATION PAYABLE

  1. Amount of compensation payable:

Unpaid medical expenses: $\ 7,993.62

3 weeks of temporary total disability (or temporary partial disability) - $\ 600.00

Total: $\ 8,593.62

Each of said payments to begin immediately, as set out in this award, and be subject to modification and review as provided by law. This award is only temporary or partial, is subject to further order, and the proceedings are hereby continued and the case kept open until a final award can be made.

IF THIS AWARD IS NOT COMPLIED WITH, THE AMOUNT AWARDED HEREIN MAY BE DOUBLED IN THE FINAL AWARD, IF SUCH FINAL AWARD IS IN ACCORDANCE WITH THIS TEMPORARY AWARD.

The compensation awarded to the claimant shall be subject to a lien in the amount of 25 % of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant: Randy C. Alberhasky

FINDINGS OF FACT and RULINGS OF LAW:

Employee: JoAnn Cooper

Injury No: 07-108522

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

Dependents:

Employer: Ozarks Medical Center

On the 11th day of September, 2008, the parties appeared before the undersigned Administrative Law Judge for an emergency hearing. The Claimant appeared in person and by her attorney, Randy C. Alberhasky. The Employer appeared by its attorney, Daniel L. Doyle. The Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, is a party to this claim; however, the Treasurer has been excused from participation in this hearing by agreement of all parties.

The parties have entered into a stipulation as to certain facts which are not at issue in this claim as follows, to wit: On or about the 30th day of October, 2007, Ozarks Medical Center was an employer operating subject to the Missouri Workers’ Compensation Law; the Employer’s liability was fully self-insured, administered by Cannon Cochran Mgt.; on the alleged injury date of October 30, 2007, JoAnn Cooper was an employee of the Employer; the Claimant was working subject to the Missouri Workers’ Compensation Law; the employment occurred in Howell County, Missouri, and the parties agree that Howell County, Missouri, is the proper venue for this hearing; the Claimant notified the Employer of the injury as required by Section 287.420; the Claimant’s claim was filed within the time prescribed by Section 287.430; at the time of the claimed accident, Claimant’s average weekly wage was $\ 300.00, sufficient to allow a compensation rate of $\ 200.00 for temporary total disability, permanent total disability, and permanent partial disability; no temporary disability benefits have been paid prior to the date of this hearing; no medical benefits have been paid prior to the date of this hearing; Claimant’s attorney requests approval of an attorney fee of 25 % of the amount of any award.

ISSUES

Whether the Claimant sustained an accident.

Whether the accident arose out of the course of and scope of employment.

Whether the accident caused the injuries and disabilities for which benefits are now being claimed.

Whether the Employer is obligated to pay for past medical expenses.

Whether the Claimant has sustained injuries that will require future medical care in order to cure and relieve the Claimant of the effects of the injuries.

Whether temporary total benefits are owed to the Claimant.

Whether the Employer is entitled to a final award on the issues of accident and course and scope of employment.

DISCUSSION

No legal file was established for this hearing. The Claim for Compensation and the Employer’s Answer were placed in evidence as exhibits.

The facts concerning Claimant’s fall are not contested in this hearing. The cause of Claimant’s fall, however, is contested, and whether or not Claimant’s incident constituted an accident under the law is contested.

JoAnn Cooper, claimant herein, testified on her own behalf. Claimant testified that she is 48 years of age at the date of hearing, married with one child, age 14. Claimant graduated from high school and has attended one college class. Claimant has been a hospital unit secretary since 1986 having worked as such in intensive care units, cardiac units and for the present employer. Claimant was certified as a health unit coordinator in 1989.

Claimant was initially employed by Employer in October 2005. Claimant worked from time to time in various departments of the Employer in cardiac care, medical care, and surgical care. Claimant’s job tasks involved handling patient charts, monitoring telemetry signals for monitors as well as keeping the medical supply room stocked, as well as, taking doctors’ orders from charts for patient care.

On October 30, 2007, Claimant arrived at work, entered the front door of the hospital, and proceeded to the second floor of the hospital where she was scheduled to work that day. To reach the second floor, Claimant used an elevator located in the interior portion of the hospital. Claimant testified that she was carrying her purse and a lunch bag in her arms as she entered the elevator headed for the second floor. Claimant testified that she arrived at the hospital a little after 7:00 a.m. on October 30, 2007, for a shift that ran from 7:00 a.m. to 7:00 p.m.

Claimant rode the elevator to the second floor. She testified that when she arrived at the second floor she attempted to exit the elevator, still carrying her purse and her lunch bag in her arms. No one else was on the elevator,

and no one was around the elevator door on the second floor that she recalls. Claimant testified that as she exited the elevator her foot stuck at the door threshold, and the top of her body kept moving forward causing her to spin onto her left side falling to the floor of the hospital corridor. Claimant testified that she fell onto her buttocks, her left side and her head. Other employees of the Employer came to Claimant's aid as she was lying on the floor of the corridor. Eventually, Claimant was loaded onto a gurney and taken to the emergency room of the hospital.

While in the emergency room, Claimant was administered x-rays which did not indicate any fractures from the fall. Later the same day, Claimant was discharged from the emergency room for follow-up with Dr. Jordan on October 31, 2007.

Claimant testified concerning her office visit for treatment with Dr. Jordan. She testified that when she was seen by Dr. Jordan, that he did not perform any examination on Claimant. She further testified that Dr. Jordan did ask her what part of the building was defective that caused her to fall. Claimant testified that Dr. Jordan asked her several times what part of the building did Claimant think was defective that caused her to fall. Claimant testified that she told Dr. Jordan that she did not know what was defective, that she was exiting the elevator when her foot stopped and she kept moving. Dr. Jordan referred Claimant to her personal physician and took Claimant off work.

Claimant admitted Exhibit D, which were the medical records of Dr. Jordan from Ozark Works. Dr. Jordan's treatment notes support Claimant's testimony that he did refer Claimant to her personal physician and took her off work. The only recommendation made by Dr. Jordan was that Claimant was unable to work. Under the physical exam portion of the doctor's notes, there are no check marks or notations with the exception of a body diagram which shows tenderness in the area of the left lower back and left thigh. Dr. Jordan did issue a prescription for Percocet for pain. Dr. Jordan diagnosed contusion on left lower back and right and left buttock. He did not propose any treatment plan in the record.

Claimant testified that she talked to Ted Collins, the Employer's human resource person, who told Claimant to do whatever the doctors tell her to do in terms of receiving treatment for her injuries of October 30, 2007.

On November 1, 2007, Claimant presented for treatment at Burton Creek Rural Clinic and was seen by Dr. Bowles, Exhibit E. Claimant was referred to Ozarks Medical Center for MRI and urinalysis, as well as physical therapy. On November 2, 2007, Claimant's MRI of the left hip was unremarkable. Claimant did not receive any further treatment from Burton Creek Clinic. She did have physical therapy on November 9 and November 11, 2007. Claimant did not receive any further physical therapy treatments, and was discharged from physical therapy on January 8, 2008 .

On November 5, 2007, Claimant presented for treatment at the Doctors Urgent Care Clinic, and was seen by Dr. Ireland who took Claimant off work for one week until fo

Full decision text continues in the plain-text archive copy.

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