Rodriguez, 092019 ARWC, G806630
| Case Date | September 20, 2019 |
| Court | Kansas |
1. The Arkansas Workers' Compensation Commission has jurisdiction of this claim.
2. On all relevant dates, the relationship of employee-employer-carrier existed between the parties.By agreement of the parties the issues to litigate are limited to the following:
1. Whether claimant sustained a compensable gradual onset injury to her right shoulder culminating on June 19, 2018.
2. Whether claimant is entitled to medical benefits.
3. Respondent raises the statute of limitations defense.
4. Respondent raises lack of notice prior to October 2, 2018 to any benefits that may have accrued prior to that time.The claimant's contentions are as follows:
“Claimant contends she experienced a gradual onset right shoulder injury as a result of her work culminating on June 19, 2018, and that she is entitled to medical benefits. The claimant reserves all other issues.”The respondent’s contentions are as follows:
“Respondent denies that claimant sustained a gradual onset right shoulder injury in its employ. Respondent raises the statute of limitations defense and also raises lack of notice prior to October 2, 2018 to any benefits that may have accrued prior to that time.”The claimant in this matter is a 53-year-old female who is employed by the respondent as a production line employee. The claimant alleges that she suffered a compensable gradual onset injury to her right shoulder culminating on June 19, 2018. The claimant was questioned on direct examination about her job duties for the respondent as follows:
Q And during your time working at Tyson, have you always worked on a line?
A Yes.
Q What job are you doing now at Tyson?
A I am working with the right hand -- with the right hand with a pair of scissors taking the bone off the breast.
Q Okay. Is that line called something in particular?
A It's x-ray.
Q All right. And when did you start that job?
A In 2017.
Q Okay. And can you describe exactly what you do in that job.
A We take the bone off of the breast.
Q How do you get the breast?
A I grab it with my left hand and with the right one I get the scissors.
Q So when you are grabbing it with your left hand, where are you grabbing it from?
A It comes from debone.
Q Is it coming down on a line?
A It comes down a line. It comes down a line and it falls -- it falls -- well, it falls where I am standing and then I get the breast. The breast falls where I am. I grab the breast, take the bone out, and then I throw it on the line and it goes down to the next section.
Q So you don't have to grab the breast from anywhere. It just falls down?
A Where I am standing is where it falls.
Q Okay. And what hand do you use the scissors with?
A With the right.
Q And what do you have to do with those scissors?
A Take the bone off the breast. I have to make a lot of movements with my hands to get the bone off the breast.
Q Does it take much force to do that?
A Yes, I do have to use force to be able to cut the bone.
Q And does the cutting of the bone cause any movement to your right shoulder?
A Yes. Yes. That is when my shoulder hurts a lot is when I have to make force or do force to cut the bone.
Q How tall are you?
A I am about, oh, I think I am five.
Q And where does the line hit you on your body?
A At my waist. At my waist. But I am up on a bench.
Q Okay. So do you have to reach forward or not when you are doing this job?
A The chicken is coming down. The breast comes down and I am right here and the breast falls right here (indicating).
And as it is coming down, I have to reach -- well, we have this machine that checks the meat. That machine returns the breast that has bone in it. From there is where it falls where I am and I have to be pulling it away and taking the bone out.
Q So do you have to reach over the line or are you able to just stand with your hands by your sides?
A To grab the breast, I have to stretch my hand.
Q Okay. And when you are cutting, do you have to stretch your hand?
A Yes. I have to do that to throw it on the line so it can continue on.
On cross-examination, the claimant was again asked in more detail about her job duties for the respondent, specifically about the use of her right shoulder and the height at which she worked with her upper right extremity as follows:
Q This job that you are doing that you claim hurt your shoulder, as I understand it, the breast drops down on the line and you reach out and grab it; is that correct?
A Yes, to grab it, uh-huh.
Q And do you reach out and grab the chicken with your right hand or your left hand?
A No. I have to grab it with the left hand because the right hand I have scissors.
Q And as I understand it, the line where the chicken falls is at waist level?
A Like I said, like I said, it is not at waist level because remember I told you a bit ago that I have to get up on a bench.
Q When you stand up on the bench, is the line at waist level?
A Yes.
Q Does your job that you are doing, which you claim hurt your shoulder, are there any movements that you have to do where you reach up above shoulder level?
A No. I do just like this (indicating).
Q But you don't have to reach above shoulder level?
A When it fills there where the chicken falls, if it gets full, if it gets full, then I do have to stretch my arm like this to pull it like this (indicating).
Q How often does that happen?
A How often?
Q Yes. How often?
A Well, chickens are going by all day, all day.
Q Is it unusual that you have to reach above your shoulders?
A It doesn't happen all the time. When there is...
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