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Pauline Nugent v. State of Missouri, Missouri State University

Decision date: September 5, 2019Injury #17-01108317 pages

Summary

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Pauline Nugent for a wrist fracture. The claim was denied because the injury, sustained from tripping on a parking island while walking in a parking lot, did not arise out of or in the course of employment despite occurring on employer premises.

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This archive contains published Missouri Labor and Industrial Relations Commission workers' compensation decisions reproduced for research convenience. Official source links remain authoritative where provided. Joseph Ott, Attorney 67889, Ott Law Firm - Constant Victory - Personal Injury and Litigation maintains these public legal archives to support Missouri case research and to help prospective clients connect that research to the firm's courtroom practice.

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

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Caption

FINAL AWARD DENYING COMPENSATION

(Affirming Award and Decision of Administrative Law Judge)

**Injury No. 17-011083**

**Employee:** Pauline Nugent

**Employer:** State of Missouri, Missouri State University

**Insurer:** Office of Administration

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided by § 287.480 RSMo. Having reviewed the evidence and considered the whole record, the Commission finds that the award of the administrative law judge is supported by competent and substantial evidence and was made in accordance with the Missouri Workers' Compensation Law. Pursuant to § 286.090 RSMo, the Commission affirms the award and decision of the administrative law judge dated November 14, 2018, and awards no compensation in the above-captioned case.

The award and decision of Administrative Law Judge Karen Wells Fisher, issued November 14, 2018, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this **5th** day of September 2019.

**LABOR AND INDUSTRIAL RELATIONS COMMISSION**

Robert W. Cornejo, Chairman

Reid K. Forrester, Member

Curtis E. Chick, Jr., Member

Attest:

Secretary

AWARD

Employee: Pauline Nugent

Injury No. 17-011083

Dependents: N/A

Before the

Employer: State of Missouri, Missouri State University

DIVISION OF WORKERS' COMPENSATION

Additional Party: N/A

Department of Labor and Industrial

Relations of Missouri

Injurer: Office of Administration

Jefferson City, Missouri

Hearing Date: July 12, 2018

Checked by:

FINDINGS OF FACT AND RULINGS OF LAW

  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? Yes
  4. Date of accident or onset of occupational disease: February 13, 2017
  5. State location where accident occurred or occupational disease was contracted: Springfield, MO
  6. Was above employee in employ of above employer at time of alleged accident or occupational dsease? Yes
  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? Yes
  11. Describe work employee was doing and how accident occurred or occupational disease contracted: Walking in a parking lot and tripped on a parking island, which caused her to fall and break her wrist.
  12. Did accident or occupational disease cause death? No
  13. Part(s) of body injured by accident or occupational disease: Wrist
  14. Nature and extent of any permanent disability: N/A
  15. Compensation paid to-date for temporary disability: -0 -
  16. Value necessary medical aid paid to date by employer/insurer? -0 -
  17. Value necessary medical aid not furnished by employer/insurer? $\ 26,933.49
  18. Employee's average weekly wages: N/A

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Injury No

  1. Weekly compensation rate: 911.27/477.33
  1. Method wages computation: Stipulated

COMPENSATION PAYABLE

  1. Amount of compensation payable: -0-

Unpaid medical expenses: N//A

weeks of temporary total disability (or temporary partial disability) N/A

weeks of permanent partial disability from Employer N/A

weeks of disfigurement from Employer N/A

  1. Second Injury Fund liability: N/A

TOTAL:

  1. Future requirements awarded: N/A

Said payments to begin 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 the following attorney for necessary legal services rendered to the claimant:

Revised Form 21 (3/97)

Page 2

FINDINGS OF FACT and RULINGS OF LAW:

Employee: Pauline Nugent

Injury No. 17-011083

Dependents: N/A

Employer: State of Missouri, Missouri State University

Additional Party: N/A

Insurer: Office of Administration

Hearing Date: July 12, 201

Before the

DIVISION OF WORKERS' COMPENSATION

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

INTRODUCTION:

The parties appeared before the undersigned Administrative Law Judge for a final hearing to determine the liability of Employer, State of Missouri. Employee, Pauline Nugent, appeared with her attorney of record, Randy Alberhasky. Assistant Attorneys General Cara Harris and Mike Bang represented Employer, State of Missouri. Employee alleges a date of injury of February 13, 2017. The parties were afforded the opportunity to submit written suggestions or briefs. The proposed award submitted by Assistant Attorneys General Cara Harris and Mike Bang has been adopted as the final award in this case.

The parties agreed that the following issues were the only ones to be determined at this hearing.

  1. Whether the hazard or risk that caused Employee's injury is a hazard or risk unrelated to her employment to which she would have been equally exposed to outside of and unrelated to her employment in her normal non-employment life.
  2. Whether or not Employer is liable for payment of past medical expenses incurred related to Employee's injury of February 13, 2017 in the amount of $\ 26,933.49.
  3. If Employee's claim is found compensable, the nature and extent of disability which she sustained related to the injury of February 13, 2017.
  1. If Employee sustained a compensable injury, whether or not she is entitled to disfigurement related to the injury of February 13, 2017.
  2. If Employee sustained a compensable injury, whether or not Employer is obligated to provide Employee with future medical care necessary to cure and relieve her of the effects of the February 13, 2017 injury.

EXHIBITS:

Employee offered the following exhibits, which were received into evidence:

  1. Cox Health, 13 pages certified $6 / 30 / 17
  2. Mercy Hospital, 651 pages certified 6 / 6 / 17
  3. Cox Health, 1 page certified 6 / 20 / 17
  4. Mercy Hospital, 7 pages certified 5 / 30 / 17
  5. Dr. Mitch Mullins IME report dated 4 / 3 / 18

a. CV

  1. Dr. Mullins Addendum 4 / 25 / 18
  2. Claim 3 / 4 / 17$
  3. Answer from Employer/Insurer 4/10/17
  4. Report of Injury
  5. Medical Disclosure to Opposing Counsel dated 7/6/17
  6. Medical Disclosure to Opposing Counsel dated 11/6/17
  7. RSMo $\S 287.210 letter dated 4 / 16 / 18$
  8. Medical Disclosure to Opposing Counsel dated 4/25/18
  9. Deposition of Sr. Pauline Nugent dated 1/12/18
  10. Deposition of Dr. Mitch Mullins dated 5/2/18
  11. Parking Lot Photo \#1
  12. Parking Lot Photo \#2
  13. Parking Lot Photo \#3
  14. Parking Lot Photo \#4
  15. Parking Lot Photo \#5
  16. Parking Lot Photo \#6
  17. Parking Lot Photo \#7
  18. MSU Parking Lot Photo \#1
  19. MSU Parking Lot Photo \#2
  20. MSU Parking Lot Photo \#3
  21. St. Elizabeth Church Parking Lot \#1
  22. St. Elizabeth Church Parking Lot \#2
  1. St. Elizabeth Church Parking Lot \#3
  2. Walmart S. Campbell Parking Lot \#1
  3. Walmart S. Campbell Parking Lot \#2
  4. Walmart S. Campbell Parking Lot \#3
  5. Walmart S. Campbell Parking Lot \#4
  6. Personal Driveway Photo \#1
  7. Personal Driveway Photo \#2
  8. Statement provided RSMo $\S 287.215$ - Report of Injury from Sr. Nugent
  9. CV - Bruce Moore
  10. Bruce Moore's site inspection of Glen Isle Center

Employer offered the following exhibits, which were received into evidence:

A. Police report with picture

B. Email regarding fall

C. U.S. Post Office (USPO) picture

D. USPO picture

E. USPO picture

F. Walmart picture

G. Walmart picture

H. Smith Glynn picture

I. Smith Glynn picture

J.Smith Glynn picture

K. Smith Glynn picture

L. Smith Glynn picture

M. U.S. Bank picture

N. U.S. Bank picture

O. St. Elizabeth Ann Seaton Catholic Church (SEAS) picture

P. SEAS picture

Q. SEAS picture

R. SEAS picture

S. SEAS picture

T. Holy Trinity Catholic Church (HTCC) picture

U. HTCC picture

V. HTCC picture

W. HTCC picture

X. HTCC picture

Employee:

Y. HTCC picture

Z. HTCC picture

AA.Dillard's picture

BB.Dillard's picture

CC.Bank of America picture

DD. Wes Wright's pictures

EE.Wes Wright's Curriculum Vitae

FINDINGS OF FACTS:

Employee testified on her own behalf. She is a very pleasant, welleducated lady who I find to be very credible. She was born in Ireland and came to the United States at the age of 16 to enter a convent. She has spent the last 26 years working as a professor at the Missouri State University where she teaches Latin, Greek and Hebrew, along with other classical classes. She testified that in addition to her classroom work she spends several hours a day doing other work activities, including grading papers, responding to students' emails as well as other various tasks. Employee testified that she has to walk a lot on the campus of Missouri State University while performing her job. She testified she parks in the parking lot on the corner of Grand and National. Pictures of her parking lot were admitted into evidence as Exhibits 23, 24, and 25. Employee testified she parks far away in the parking lot to give herself more exercise. She also testified that during the school year she walks more at work and for work than she does personally. However, she also walks personally, sometimes going to the mall to walk if the weather is bad.

Employee testified she typically goes back to England and Ireland every other summer. She most recently went to England, Ireland and Israel the summer of 2017, just months after sustaining her accident, which is the subject of this workers' compensation claim. On that excursion she traveled by herself, flying from Springfield to Chicago to Heathrow to Dublin to Tel Aviv, and then back in the same order.

Employee testified that during the school year outside of work she does other normal household activities, including laundry and shopping, housekeeping and lecturing occasionally. She also attends church on a daily basis, going to Holy Trinity Catholic Church every day of the week except Wednesday, when she attends at St. Elizabeth Ann Seaton Church. Employee testified she typically does her grocery shopping at Walmart located on South Campbell.

Employee:

Injury No

On the date of the injury, Employee left Missouri State University campus and had driven to the Glen Isle Center where she went to the post office on some sort of personal errand. While she was at the Glen Isle Center she decided to visit some colleagues from Missouri State University whose offices were located in the Glen Isle Center. After leaving the post office she drove her car across the parking lot of the Glen Isle Center to the other end to be near the door of the Missouri State University offices. At the time she was going into the Missouri State offices she was going to talk with Guy Weber regarding something work related.

After parking her car and exiting her car Employee tripped on a parking island in the parking lot of the Glen Isle Center while walking toward the Missouri State University offices. Pictures were offered into evidence of the area near where Employee fell, including Employee's Exhibits 16 - 19, and 22. Employer also offered Exhibits showing where Employee fell, which include particularly the last page of Exhibit A, which was taken the day of Employee's fall by a responding officer. Through Employee's expert, Bruce Moore, further pictures of the area where Employee fell were offered as Exhibit 37. Through Employer's expert, Wes Wright, further pictures of the parking lot in which Employee fell were offered as Exhibit DD.

In looking at the picture taken most closely in time to the actual fall, Employee believes that she fell behind the gray car depicted on the fourth page of Employer's Exhibit A. Showing another angle of the same area, specifically where she fell, is picture 4 in Employee's Exhibit 37. Employee testified she was walking behind what is the red car in this picture and tripped over the portion of the parking island painted in yellow sticking out farther than the bumper of the red car depicted in picture 4 of Employee's Exhibit 37. Employee testified she did not see

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

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