BEFORE the ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G405650 LYNN M. GOLBECK, Employee CLAIMANT DENT a MED, INC., Empl
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BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G405650 LYNN M. GOLBECK, Employee CLAIMANT DENT A MED, INC., Employer RESPONDENT HARTFORD INSURANCE COMPANY, Carrier RESPONDENT OPINION FILED JUNE 15, 2015 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arkansas. Claimant represented by EVELYN E. BROOKS, Attorney, Fayetteville, Arkansas. Respondents represented by TOM HARPER, JR., Attorney, Fayetteville, Arkansas. STATEMENT OF THE CASE On March 17, 2015, the above captioned claim came on for a hearing at Springdale, Arkansas. A pre-hearing conference was conducted on January 27, 2015, and a pre- hearing order was filed on that same date. A copy of the pre-hearing order has been marked Commission's Exhibit No. 1 and made a part of the record without objection. At the pre-hearing conference the parties agreed to the following stipulations: 1. The Arkansas Workers' Compensation Commission has jurisdiction of this claim. 2. On all relevant dates, the relationship of employee-employer-carrier existed between the parties. By agreement of the parties the issues to litigate are limited to the following: 1. Whether the claimant sustained a compensable injury to her left hand, wrist, and arm as the result of a specific incident injury on June 26, 2014. 2. Whether the claimant is entitled to medical expenses as a result of her alleged injuries. Claimant’s contentions are: Golbeck (G405650) 2 “Claimant suffered a compensable injury to her left arm, wrist and hand when she was struck by a door at work. She contends this accident exacerbated her compensable cervical and thoracic spine injuries incurred on or about February of early March 2014. She contends she is entitled to treatment for these compensable injuries. Claimant reserves all other issues.” Respondents’ contentions are: “Respondents deny that the above injuries [left hand, wrist, and arm] are compensable.” The claimant in this matter is a 62-year-old female who is employed by the respondent as a debt collector. The claimant currently has two cases pending before the Commission. In the current case, Case Number G405650, she alleges to have suffered compensable injuries to her left hand, wrist, and arm as the central issue. These injuries are alleged to have occurred on June 26, 2014. There is also Case Number G408041 where she alleges as the central issue to have suffered a compensable cervical and thoracic spine injuries in a specific incident in early March of 2014. Both Case Number G405650 and Case Number G408041 are somewhat procedurally awkward in that the claimant’s and respondent’s attorney have requested the Commission to consider identical evidence and testimony for both cases before the Commission. I will now consider the issues found in Case Number G405650. Again, the claimant is employed with the respondent as a debt collector. She alleges in the current matter, Case Number G405650, that she suffered compensable injuries to her left hand, wrist, and arm on June 26, 2014. Following is the claimant’s direct examination testimony regarding this specific incident which she alleges: “Q. [BY MS. BROOKS]: What happened to you on June 26th of 2014? A. I was injured at work. Q. What happened? A. I was hit by a door. Golbeck (G405650) 3 Q. And what kind of a door? A. It is a big, heavy bank door with a metal handle and it jammed into my arm. Q. Which arm? A. Left arm. Q. And how were you hit? What was happening? A. I was going forward to open the door and there was chairs on the other side that unbeknownst to me which was stacked up that were being rammed into that door on the other side and it rammed into my arm and pushed into my fingers and hit my wrist and jammed my arm forward up into my shoulder. Q. Okay. And did you have any sort of injury from that impact? A. Yes, I did. Q. What kind of injury did you have? A. I still have a split nail where it hit the door. And then it hit me in my wrist. It jammed into this (indicating), and jammed up into my shoulder and up into my neck. I could feel it jamming into my neck. Q. Could you give us a sense of how hard this impact was. A. It was very impactful because it wasn’t just somebody opening the door. There were stacked chairs that were being rammed from the other side of another door, a stairway full of chairs that were stacked high enough that rammed that door open into me. Q. What do you mean by a stairway full of chairs? A. Because there is a stairwell down there and the stairwell was full of chairs and then there is another door and then when the door opened, it seemed when that rammed into me that there was somebody pushing those chairs hard forward into that door to get that door to open.” The claimant also alleges to have reported her June 26, 2014 incident. Following is her direct examination testimony regarding the reporting of that incident: Golbeck (G405650) 4 “Q. Now, did you report this accident? A. Yes, I did. Q. Who did you report it to? A. When Perry came back from his meeting or wherever he was, I told him about the injury. Perry Hanner, the supervisor. Q. And did he offer you any Workers’ Compensation paperwork to fill out? A. No. Q. At that point what were your symptoms? A. I was hurting badly from the jam to my neck and arm and shoulder and the whole arm was hurt really bad and I was really feeling very weak and it hurt very much. Q. Did you explain that to Perry? A. Yes. Q. What did he say? A. He didn’t really say much. I don’t know. He just took my report. He listened to what I said. Q. Okay. Did you write anything down at that point? A. I didn’t write anything down. Q. Okay. Have you ever been given any Workers’ Compensation paperwork to fill o ut for any injury you have h ad at Dent a Med? A. Not that I recall.” The claimant also gave testimony about her activities surrounding the time of her June 26, 2014 compensable injury as follows: Q. Now, was this just a normal day at your workplace? A. It was a workday, but we also have a company picnic that is annual once a year. Q. And was this the picnic day? Golbeck (G405650) 5 A. Yes, it was. Q. And was the picnic still going on? A. At that time I am not sure what really was transpiring. I just know that I was in front of that door and that the chairs were being taken back upstairs evidently because they had all been moved down for the picnic area. Q. Did you attend the picnic? A. Yes, I did. Q. Had you gone back to work after the picnic? A. Yes, I had. Q. And about how long had you been working? A. Approximately about half an hour. Q. Okay. And why were you at this door at this point in time? A. Well, I was going to get the popsicles that were the dessert from the - - they were in the freezer in that little area that is in that little hallway and I was going to go get that because I had them on my desk and I had put them in the freezer and they were melting and I wanted to go get one to eat. Q. Okay. Who provided the popsicles? A. The company. Q. And how did you know about the popsicles? A. Because - - I didn’t know at first. I went in there to thank Dr. Center for my check that he had given us for the shareholders. Q. Who is Dr. Center? A. He is the owner of the company. Q. Okay. A. And I had been in there and, basically, I - - and Shirley said, oh, I forgot to tell everybody. There was still people mingling around and there was a box full of popsicles that were the dessert. So I was over there to Golbeck (G405650) 6 pick up a couple and I took one over and was going to eat one and I took it back to my desk and then I realized it was melting because I was working and then I took it back in there and I was going to go get it after it was frozen again. Q. And so when you were approaching the door, was that after it was frozen again that you went to get it? A. Yes. Q. Okay. And you said Shirley told people there were popsicles. Shirley who? A. Shirley Hildebrand. Q. And while you were working and then while you went to get the popsicle, what were other people doing? A. I really don’t know because my supervisor wasn’t there at the time. I was working in my cubicle. I can’t say where everybody else was. You know, I know there was people moving the chairs. I saw those. Q. Were there other people working around your cubicle? A. I had a supervisor that was standing behind me because they were from Tulsa. There was a lot of people from Tulsa in the office because they moved them over here for the picnic to come over for that annual picnic, and there were different people behind me that normally wouldn’t be in the halls when I was there, but I don’t know what they were doing, you know, as far as working or not.