Pike, 120318 ARWC, G707958

Case DateDecember 03, 2018
CourtKansas
NITA PIKE, Employee CLAIMANT
SYKES ENTERPRISES INC., Employer RESPONDENT
BROADSPIRE SERVICES, INC., RESPONDENT Insurance Carrier/TPA
No. G707958
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
December 3, 2018
         Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arkansas.           Claimant represented by EDDIE H. WALKER, Attorney at Law, Fort Smith, Arkansas.           Respondents represented by R. SCOTT ZUERKER, Attorney at Law, Fort Smith, Arkansas.           ERIC PAUL WELLS, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On September 6, 2018, the above captioned claim came on for a hearing at Fort Smith, Arkansas. A pre-hearing conference was conducted on February 14, 2018, and a Pre-hearing Order was filed on that same date. A copy of the Pre-hearing Order has been marked Commission's Exhibit No. 1 and made a part of the record without objection.          At the pre-hearing conference the parties agreed to the following stipulations:
1. The Arkansas Workers' Compensation Commission has jurisdiction of this claim.
2. The claimant’s weekly compensation rates are $273.00 for temporary total disability and $205.00 for permanent partial disability.
         By agreement of the parties the issues to litigate are limited to the following:
1. Whether claimant sustained a compensable injury to her head, neck, right shoulder, back and right hip on November 2, 2017.
2. Whether claimant is entitled to medical treatment.
3. Whether claimant is entitled to temporary total disability benefits from November 4, 2017 until a date yet to be determined.
4. Whether claimant’s attorney is entitled to an attorney’s fee.
         The claimant's contentions are as follows:
“A. The Claimant contends that she sustained compensable injuries as a result of a job related fall that occurred on November 2, 2017. She contends that her injuries include her head, neck, right shoulder, back and hip.
B. The Claimant contends that she is entitled to temporary total disability benefits from November 4, 2017 until a date yet to be determined and reasonably necessary medical treatment.
C. The Claimant contends that her attorney is entitled to an appropriate attorney's fee.”
         The respondents’ contentions are as follows:
“A. Respondents contend that claimant did not sustain a compensable injury as that term is defined by Act 796.”
         The claimant in this matter is a 62-year-old female who was employed by the respondent on November 2, 2017 when she alleges to have sustained compensable injuries to her head, neck, right shoulder, back and right hip in a fall. The claimant’s job duties for the respondent required her to sit at a work station and provide over the telephone support to customers. On November 2, 2017, the claimant stopped taking calls at 8:00 p.m. and was headed to clock out when she fell. The designated place for employees to clock in/out is located in the respondent’s break room. When the claimant stepped inside of the break room, she slipped on a wet floor and fell striking the right side of her body. The claimant described her actions after leaving her work station on direct examination as follows:
Q Tell me specifically what happened in route to the time clock.
A I got up from my desk. I took a few steps around the end of the aisle. Stepped into the break room where you clock out. The first step I took into there, I fell.
Q So the break room was a separate room from your work station?
A Yes, sir.
Q Was there a door between your work station and the break room?
A Yes, sir, there was.
Q When you slipped and fell, did you determine what caused you to slip and fall?
A The wet floor.
Q When you opened the door to the break room, had you stepped into the room a few steps and then slipped or did you immediately slip as soon as you walked in the room?
A The first step I took, I fell.
Q Did you have any warning that the floor was wet? A No, sir.
Q Now, were you engaged in any kind of social activity between when you left your work station and when you slipped and fell?
A No, sir.
Q Was the job environment at Sykes such that you could visit with other people and socialize?
A No, sir.
Q And why would you not be able to just kind of hang out and socialize with people if you wanted to?
A Everyone had headphones on. You work for Bank of America. There was no time to interact with anybody because you were constantly on the phone. As soon as you hung up from one call, another one came in. There was no time to say, hey, how are you, anything. You can't. You can't do it.
Q When you fell, how did you land?
A On my right side. I hit my head first and then my whole
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