39-11WC. Karen Hathaway v. C and S Wholesale Grocers, Inc.
Court | Vermont |
Vermont Workers Compensation
2011.
39-11WC.
Karen Hathaway v. C and S Wholesale Grocers, Inc
Karen Hathaway v. C and S Wholesale Grocers, Inc(November 17, 2011)STATE OF VERMONT DEPARTMENT OF LABORKaren Hathaway v. C and S Wholesale Grocers,
Inc.Opinion No.
39-11WCBy: Phyllis Phillips, Esq.
Hearing OfficerFor: Anne M. Noonan
CommissionerState File No. Z-58166OPINION AND
ORDERHearing held in Montpelier
on August 26, 2011 Record closed on October 11, 2011APPEARANCES:Christopher McVeigh, Esq., for Claimant J. Christopher
Callahan, Esq., for DefendantISSUE PRESENTED:
Is Claimant's psychological disorder compensable as a consequence
of her January 2, 2008 work-related shoulder injury?
EXHIBITS:
Joint Exhibit I: Medical records
CLAIM:
Medical benefits pursuant to 21 V.S.A. §640
Costs and attorney fees pursuant to 21 V.S.A. §678
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. Claimant worked at Defendant's South Burlington, Vermont Grand
Union store for more than 29 years. For the last 19 years of her tenure there
she was assigned to the deli department, first as assistant manager and then as
manager. Claimant was highly invested in her job and took great pride in her
abilities. She was so successful at running the deli in her store that at times
Defendant would assign her the task of visiting other stores' delis in order to
analyze how they might improve their operations.
4. On January 2, 2008 Claimant was exiting the cooler at her
store when she slipped on the floor and fell hard on her right shoulder.
Claimant suffered a torn rotator cuff as a result of this fall. Defendant
accepted the injury as compensable and began paying medical benefits
accordingly.
5. Initially Claimant treated conservatively for her injury.
Rumors were circulating that the South Burlington store might be closing, and
she was as committed as ever to making sure that her deli continued to be
profitable. For that reason, even though her shoulder hurt she was reluctant to
consider surgery, because she did not want to have to take time off from work
to recover.
6. In August 2008 Claimant learned that the South Burlington
store was in fact closing. Shortly thereafter, she was contacted by Ray
Bouffard, a Grand Union store manager with whom she had worked in the past. Mr.
Bouffard offered Claimant a job as deli manager of the store he now owned, the
Georgia Market. Claimant accepted the offer with little if any
hesitation.
7. Claimant began working at the Georgia Market on August 13,
2008. She was excited to be part of a new, family-oriented operation. Claimant
set to work re-organizing the deli, training the staff and making other
improvements. Deli sales doubled, and she perceived that Mr. Bouffard was very
happy with her job performance.
8. Unfortunately, Claimant's shoulder continued to cause her
constant pain and discomfort, particularly when lifting objects overhead or
away from her body. Still she struggled to avoid surgery, because she did not
want to be away from her job. Instead she intensified her efforts at physical
therapy.
9. By February 2009 Claimant acknowledged that her symptoms were
such that she could not...
To continue reading
Request your trial