28-10WC. Nancy Berg v. Rutland Crossing, LLC.

• Court: Vermont

Vermont Workers Compensation 2010. 28-10WC. Nancy Berg v. Rutland Crossing, LLC Nancy Berg v. Rutland Crossing, LLC(August 19, 2010)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 28-10WCBy: Sal Spinosa, Esq. Hearing OfficerFor: Valerie Rickert Acting CommissionerState File No. BB-00003OPINION AND ORDERHearing held in Rutland, Vermont on May 28, 2010 Record closed on June 21, 2010APPEARANCES:Karl Anderson, Esq., for Claimant Thomas Simon, Esq., for DefendantISSUE PRESENTED: Did Claimant's right ankle injury arise in the course and scope of her employment for Defendant? EXHIBITS: Joint Exhibit I: Medical records Claimant's Exhibit 1-4: Photos depicting varied views of accident scene Defendant's Exhibit A: Undated handwritten statement signed by Claimant Defendant's Exhibit B: Two photos of accident scene facing east Defendant's Exhibit C: Two photos of accident scene facing west Defendant's Exhibit D: Two photos of accident scene from a distance facing west Defendant's Exhibit E: Photo of railing at accident scene from a distance facing west CLAIM: Workers' compensation benefits causally related to Claimant's right ankle injury FINDINGS OF FACT: 1.At all times relevant to these proceedings, Claimant was an employee and Defendant was her employer as those terms are defined in Vermont's Workers' Compensation Act. 2.Judicial notice is taken of all relevant forms contained in the Department's file relating to this claim. 3.Defendant operates a nursing home in Rutland, Vermont. Claimant was employed there as a kitchen worker. 4.On April 23, 2009 Claimant was leaving work after attending an in-service training. She walked across Defendant's premises to a set of stairs leading up to a landing adjacent to a municipal sidewalk. The stairs and landing are on Defendant's property; the sidewalk is not. 5.Both the stairs and the landing are bordered by fence-like handrails. The landing has a flat concrete surface that runs from the top of the stairs to the sidewalk. It is as wide as the stairs but slightly longer in length from the top stair to the sidewalk. Where it meets the sidewalk, the landing is approximately three inches below the grade of the sidewalk. 6.Claimant testified that as she neared the top of the stairs, for no apparent reason her ankle gave out. She stumbled first to the next step, then onto the landing and ultimately into the bushes...