E-8139. Case v. Ames Department Stores.

• Case Date: April 20, 1995
• Court: Vermont

Vermont Workers Compensation 1995. E-8139. Case v. Ames Department Stores April 20, 1995File Nos. E-8139 and D-13338By: Sheldon A. Keitel Hearing Officer For: Mary S. Hooper Commissioner Opinion No. 11-95WC Kathleen Case v. Ames Department StoresHeard in Montpelier, Vermont on October 5, 1994 Continued and reconvened October 26, 1994Continued and reconvened November 10, 1994Record closed November 24, 1994 APPEARANCES Sam W. Mason, Esq. for the claimant William C. Dagger, Esq. for the defendant ISSUES 1. Is claimant entitled to workers' compensation benefits as the result of a personal injury by accident arising out of and in the course of employment pursuant to 21 V.S.A. §618? 2. If so, was all medical care rendered thereafter reasonable and medically necessary pursuant to 21 V.S.A. §640? THE CLAIM 1. Temporary total disability compensation under 21 V.S.A. §642 from March 17, 1991 to March 16, 1992. 2. Medical benefits under 21 V.S.A. §640. 3. Permanent partial disability benefits under 21 V.S.A. §642. 4. Attorney's fees and costs under 21 V.S.A. §678(a). STIPULATIONS 1. The claimant, Kathleen Case, was employed by the defendant, Ames Department Stores, Inc. in the Bennington, Vermont, store as a retail associate on all relevant dates as hereafter specified. 2. The defendant was at all times relevant to this claim an employer within the meaning of the Workers' Compensation Act. 3. On January 3, 1991, the claimant was injured at work when a wall fell on her as she was putting merchandise on the top shelf (State File No. D-13338). 4. The claimant was treated at the Emergency Room of Southwestern Vermont Medical Center that day but otherwise lost no time from work. The claimant had no further medical treatment and lost no time from work between Jan. 3 and Mar. 17, 1991. 5. During the weekend of March 15-16, 1991, the claimant worked a regular 8 hour shift on Friday, March 15 and returned that evening to work an overnight shift to assist with inventory. Claimant worked from approximately 9:30 Friday evening until 8 a.m. Saturday, March 16, when she began her regular shift; she worked until approximately 11 a.m., took an hour off for lunch, and returned at noon and worked until approximately 5 p.m. 6. Gallagher Bassett Services, Inc., third-party administrator of employer's workers' compensation claims, found neither an injury arising out of employment on March 15-16 nor a causal relationship between the alleged back injury of March 15-16 and the injury of January 3, 1991, and therefore denied the claim. 7. Defendant paid approximately seven weeks of temporary total disability benefits without prejudice pursuant to an Order from the Department of Labor and Industry dated February 4, 1992; payments were discontinued based on a report dated 3/16/92 from Marcy Jones, D.C., which placed claimant at end medical result (State File No. E-8139). 8. The claimant was 31 years of age at the time of both claimed injuries. Claimant's current mailing address is P.O. Box 11, Petersburgh, N.Y. 12138. 9...