Mary Miller testified that she is 74 years old and has worked for Employer for more than ten years. She is a dealer at the casino. She was injured on October 17, 2006 while working for Employer when she fell forward and landed on a concrete floor. Her face hit the floor and she hurt her right shoulder.
Claimant testified that she fell in a hall leading from the casino floor to the break room at Employer. The surface of the floor where she fell is concrete. All employees use that hallway. People eat and drink in the break room. Employees take food and drink outside the break room and down the hallway where she was walking when she fell.
Claimant testified that on October 17, 2006, her left foot stuck on something on the concrete floor at Employer's workplace, and she pitched forward and fell. She testified she did not trip on her own feet and did not clip one toe behind the other. She was positive her foot stuck to the floor before she fell.
A co-worker came to her after she fell, and she was then taken to a room. Her lip was bleeding and her right arm was hurting. She did not want to go to the hospital at that time. She testified that she told the EMTs that her foot stuck on the floor.
After she was treated in a room at Employer, she went to her car and left Employer's premises. Claimant went home after the accident and did not go back to work that day after she fell. She could not drive with her right arm. She did not go back to look at the floor after the accident.
Claimant saw Dr. Romito two days after she fell. Dr. Satterlee surgically repaired her right shoulder on May 15, 2007. She has been fully released from treatment. She was off work after her surgery and was paid temporary total disability benefits after her surgery. All of her medical bills have been paid.
Claimant testified on cross-examination that she did not see any spills on the floor before she fell. She saw no placards in the area and saw no debris on the floor.
Claimant viewed Exhibit 1, a video of her at the time of the fall, during the hearing. She identified herself on the video. She testified that the video showed other employees walking through the area where she fell. She said she did not look down to see what had caused her to fall, nor did the two persons who assisted her.
Claimant said that she was wearing oxford-type shoes with rubber soles when she fell. She said she had walked up and down that hall many times. The floor is concrete
and is smooth like vinyl. She said she had never fallen in that area before. She was not watching where she walked at the time she fell.
I find that Claimant was a credible witness.
Exhibit A, the independent medical evaluation report of Dr. John Pazell dated June 25, 2008, recites the following history of present illness: "On October 17, 2006, Ms. Miller was injured while at work. She was walking in a hallway going to the break room when her left shoe stuck to something on the floor and caused her to fall. She injured her face and right shoulder. She states she was taken to the emergency medical personnel office and they were more concerned with her bloody lip than her shoulder. They treated her with first aid." The report further notes that Claimant sought medical attention with John Romito, M.D. on October 20, 2006, "And the history was reiterated which is identical to the history that she related to me."
Dr. Pazell's report also contains a "review of records". Page 7 of his report contains an entry dated October 20, 2006 regarding examination by Joanne Turano, PhX. Dr. Pazell's report states the following regarding the October 20, 2006 entry: "On 10/17/06 she was walking when she caught her foot in the carpet. Fell landing onto an outstretched right upper extremity. Struck her face and had swelling lip. Seen by medic people at the casino. Did not evaluate her shoulder but she was unable to lift her right at all. Recommend MRI."
Dr. Pazell rated Claimant's permanent partial disability at 30 % at the level of the shoulder at the 232 week level. He apportioned 90 % of her disability to the injury of October 17, 2006.
Dr. C. Craig Satterlee's December 4, 2007 rating report, Exhibit B, notes that Claimant had reached maximum medical improvement. The report states that Claimant's permanent partial disability was 16 % of the right shoulder, and that 4 % was pre-existing her injury.
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