Joy Stewart v. The Parking Spot, Go Jet Airlines

1. Are any benefits awarded herein? No
2. Was the injury or occupational disease compensable under Chapter 287? No
3. Was there an accident or incident of occupational disease under the Law? No
4. Date of accident or onset of occupational disease: May 31, 2006 (alleged)
5. State location where accident occurred or occupational disease was contracted: St. Louis County, Missouri
6. Was above employee in employ of above employer at time of alleged accident or occupational disease? No
7. Did employer receive proper notice? Yes
8. Did accident or occupational disease arise out of and in the course of the employment? No
9. Was claim for compensation filed within time required by Law? Yes
10. Was employer insured by above insurer? Go Jet Airlines was insured by the above insurer.
11. Describe work employee was doing and how accident occurred or occupational disease contracted:

The employee was sitting in a booth at the workplace processing transactions for the employer related to cars that were parked on the lot.

1. Did accident or occupational disease cause death? No Date of death? N/A
2. Part(s) of body injured by accident or occupational disease: Allegedly emotional injury, back, leg, hip, arm, mind, and neck.
3. Nature and extent of any permanent disability: None
4. Compensation paid to-date for temporary disability: None
5. Value necessary medical aid paid to date by employer/insurer: None

Employee: Joy D. Stewart

Injury No.: 06-135311

1. Value necessary medical aid not furnished by employer/insurer? None

Said payments to begin immediately and to be payable and be subject to modification and review as provided by law. The compensation awarded to the claimant shall be subject to a lien in the amount of N/A of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant: N/A

Injury No.: 06-135311 Before the Division of Workers' Compensation Department of Labor and Industrial Relations of Missouri Jefferson City, Missouri Checked by:

This workers' compensation case raises several issues arising out of an alleged work related injury in which the claimant, a flight attendant trainee, filed a claim alleging that she suffered a work related injury from "sitting in a booth at the workplace processing transactions for the employer related to cars that were parked on the lot". The issues for determination are (1) Accident or occupational disease arising out of and in the course of employment, (2) Notice, (3) Medical causation, (4) Liability for Past Medical Expenses, (5) Future medical care, (6) Temporary Disability, (8) Permanent disability, and (9) Second Injury Fund liability. The evidence compels an award for the defense, because the claimant's evidence does not establish a compensable claim for workers' compensation benefits.

At the hearing, the claimant testified in person and offered a collection of documents into evidence. The defense objections are overruled. The defense offered its Motion to Dismiss, but the claimant's objection was sustained based on the lack of probative value.

All objections not previously sustained are overruled. Jurisdiction in the forum is authorized under Sections 287.110, 287.450, and 287.460, RSMo 2000, because the injury was alleged to have occurred in Missouri. Since the claimant filed a request for hearing pursuant to Section 287.203, RSMo 2000, as amended, all motions for continuances were denied, because the parties were unable to agree on a date for a continuance. The hearing took place on the fifty-seventh day after the claimant filed her request for hearing. The claimant stated in her request for hearing that she had completed all discovery and was prepared to present her evidence at hearing. The claimant requested that her case be heard by telephone to allow the her to testify in Colorado without a physical appearance. No objections were received, and the hearing proceeded.

The claimant, a flight attendant trainee for Go Jet Airlines from April 5, 2006, to April 17, 2006, received monetary compensation from her employer at the rate of $\ 18.00 per hour for forty hours per week. She testified that during the course of her twelve day employment co-employees and her supervisor stuck her with needles as she walked past them for no known reason. She testified that she reported the occurrence to her supervisor, Michela Green, but the employer took no action to support the claimant's position in the dispute. The claimant testified that the workplace constituted a hostile working environment. The employer discharged the claimant from work on April 17, 2008. The claimant testified she applied for unemployment benefits. The claimant became employed with The Parking Spot as a cashier in May 2006, and left that firm on September 30, 2006. The claimant became employed in Colorado as a data entry operator in October 2006, worked for the firm for two and one half months, and was discharged from employment on December 19, 2006. See Exhibit A. The claimant liked the work she did for the employer and attempted to do the work as well as she could. See Exhibit A. She was advised that she was being discharged because the employer was of the opinion she had disrespected a supervisor. See Exhibit A. The claimant was unaware of any activities involving her work which justified her dismissal. See Exhibit A. The claimant was discharged by her employer on December 19, 2006, but not for misconduct connected with her work. See Exhibit A. The claimant has not been employed in any capacity since December 19, 2006. See Exhibit A.

On August 2, 2007, Dr. Barry C. Markell, a licensed clinical psychologist, examined the claimant and opined that she suffered from a severe and disabling depression, was troubled by paranoia, had some agoraphobic symptoms, and was plagued by obsessions. See Exhibit A. He opined that the claimant was "incapable of making clear and cogent personal decisions rendering her totally incapable of making personal or financial plans." See Exhibit A.

On December 11, 2007, the claimant visited the Denver Health Medical Center and a physician opined that the claimant was "gravely ill" as a result of "grandiose delusions that she is a lawyer and paranoid delusions that the police are harassing her." See Exhibit A.

In 2008, the claimant filed a claim for compensation with the Colorado Division of Workers' Compensation against The Product Line in Denver, Colorado, alleging that from October 20, 2006, to December 19, 2006, the claimant's coworkers "at the job site were working in tandem to stick and poke me while I was working and injured me." See Exhibit A.

On May 21, 2008, the claimant filed a claim for compensation with the Missouri Division of Workers'

Compensation against The Parking Spot and Go Jet Airlines, alleging that on May 31, 2006, the claimant "was sitting in a booth at the workplace processing transactions for the employer related to the cars that were parked on the lot." See Claim on file. On the same date, the claimant filed a request for hearing pursuant to Section 287.203, RSMo Supp 2007. The claimant represented that all necessary discovery had been completed and that the parties were prepared to present their evidence at hearing. The Division set the case for hearing on July 17, 2008, and all motions for continuances were denied, because the parties could not agree on a date for a continued hearing. On July 2, 2008, Go Jet Airlines filed an answer to the claim for compensation denying the allegations and contesting notice and the statute of limitations. On July 14, 2008, three days before the hearing, the claimant filed an amended claim alleging that the date of injury was on September 20, 2006, and dropping Go Jet Airlines as an employer. The Division of Workers' Compensation processed the amended claim on July 18, 2008, the day after the hearing.

The claimant has the burden to establish that she has sustained an injury by accident arising out of and in the course of her employment, and the accident resulted in the alleged injuries. Choate v. Lily Tulip, Inc., 809 S.W.2d 102, 105 (Mo.App. 1991).

Claimant must establish a causal connection between the accident and the injury. Claimant does not, however, have to establish the elements of her claim on the basis of absolute certainty. It is sufficient if she shows them by reasonable probability. "Probable means founded on reason and experience which inclines the mind to believe but leaves room for doubt." The Commission's awards on disability claims are not solely dependent on medical evidence given by expert witnesses, but its findings are to be judged on the basis of the evidence as a whole. The testimony of the claimant, or other lay witnesses, as fact within the realm of lay understanding can constitute substantial evidence of the nature, cause and extent of the disability, especially when taken in connection with, or where supported by, some medical evidence. The Commission is authorized to bas