0907436-K-5322-28C. DIANE L. SULLIVAN CLAIMANT VS. PICCADILLY RESTAURANTS.

• Court: Mississippi

Mississippi Workers Compensation Decisions 2011. 0907436-K-5322-28C. DIANE L. SULLIVAN CLAIMANT VS. PICCADILLY RESTAURANTS DIANE L. SULLIVAN CLAIMANT VS. PICCADILLY RESTAURANTS EMPLOYER AND NATIONAL UNION FIRE INSURANCE COMPANY CARRIERMISSISSIPPI WORKERS' COMPENSATION COMMISSIONMWCC NO.: 0907436-K-5322-28CAPPEARING FOR THE CLAIMANT: Mr. Garner Wetzel, Attorney at Law APPEARING FOR THE EMPLOYER-CARRIER: Mr. H. Byron Carter, III, Attorney at Law ORDER OF THE ADMINISTRATIVE JUDGE Ms. Diane Sullivan (hereinafter "Sullivan") had a work accident on June 14, 2009, and alleged she had a cervical injury. Piccadilly Restaurants and National Union Fire Insurance Company (hereinafter "the Employer-Carrier") admitted an accident occurred, but denied the causal connection between the accident and Sullivan's alleged cervical injury and the surgery recommended by Dr. Eric Wolfson. The hearing was held at the Gulfport City Hall on May 26, 2011. STIPULATIONS 1. Sullivan had a work accident on June 14, 2009. 2. Sullivan's average weekly wage on the date of the work accident was $201.42. ISSUE The sole issue for consideration is whether Sullivan's alleged cervical injury and the surgery recommended by Dr. Wolfson are causally connected to her work accident on June 14, 2009. REVIEW OF EVIDENCE Sullivan is 52 years of age and resides in Biloxi, Mississippi.(fn1) She went to the ninth grade in school and later earned her G.E.D. Sullivan had vocational training in nursing, but she did not complete her clinicals. Sullivan worked as a cashier, cook, and chicken cutter for Church's Chicken. She left there in 1985 due to a work-related knee injury. Sullivan then worked as a dishwasher and tray maker for a hospital. She was asked to resign for missing work. Sullivan worked as a school crossing guard, but she left there because of a burglary charge, which was later dismissed. Next, Sullivan was a housekeeper for a hotel. She also worked as a cashier, cleaner, and food maker for some fast-food restaurants. At one restaurant, Sullivan was asked to resign for missing too much work. Sullivan also worked in housekeeping at Keesler Air Force Base. She next worked for Quiznos sandwich restaurant. Sullivan also worked as a sitter/housekeeper for patients through Nursing Management from 2006 until 2008. She was fired for being late for an appointment. In February 2009, she began working for the Employer as a food line server. Later, Sullivan worked in the salad and dessert portion of the food line. On June 14, 2009, Sullivan was taking bowls to the kitchen for washing, when she slipped and fell on some grease on the floor. Sullivan said she fell very hard on her right side. Two co-workers helped her stand. Sullivan reported the accident to her supervisor, Mr. Patrick. Her shift was almost over, so Sullivan finished her work and went to the emergency room at Biloxi Regional Hospital. Sullivan told the hospital personnel that she hurt her lower back, right shoulder down into the right arm, and the right side of her upper back near her neck. Sullivan was given a sling for her arm, but she had no broken bones. The emergency room physician took her off work for one day. Sullivan testified that she took the off-work slip to Mr. Patrick the next day. On June 16, 2009, she returned to work for the Employer in the same position. That was the last day she worked for the Employer. Sullivan said she was fired for no call, no show. Sullivan admitted that she tested positive for marijuana when a drug test was requested...