39-11WC. Karen Hathaway v. C and S Wholesale Grocers, Inc.

CourtVermont
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

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT