Talmon, 050319 ARWC, G807469

Case DateMay 03, 2019
CourtKansas
CAROLINA L. TALMON, EMPLOYEE CLAIMANT
DEPARTMENT OF HUMAN SERVICES, SELF-INSURED EMPLOYER RESPONDENT
PUBLIC EMPLOYEE CLAIMS DIVISION, THIRD PARTY ADMINISTRATOR RESPONDENT
No. G807469
Arkansas Workers Compensation
Before the Arkansas Workers’ Compensation Commission
May 3, 2019
         Hearing before Chief Administrative Law Judge Andrew L. Blood on March 20, 2019, at Little Rock, Pulaski County, Arkansas.           Claimant represented by the Honorable George Bailey, Attorney-at-Law, Little Rock, Arkansas.           Respondent represented by the Honorable Robert H. Montgomery, Attorney-at-Law, Little Rock, Arkansas.           ANDREW L. BLOOD, CHIEF ADMINISTATIVE LAW JUDGE.          STATEMENT OF THE CASE          A hearing was conducted on March 20, 2019, to determine the claimant’s entitlement to workers’ compensation benefits. On January 14, 2019, a prehearing conference was conducted in the claim, from which a Prehearing Order of the same date was filed. The Prehearing Order reflects stipulations entered by the parties, the issues to be addressed during the course of the hearing, and the contentions of the parties relative to same. The claimant reserved the issue of permanency. Additionally, the claimant identified the period of temporary total disability being sought as September 13, 2018, through September 27, 2018, and January 15, 2019, through February 9, 2019. The Prehearing Order is herein designated a part of the record as “Commission Exhibit #1.”          The testimony of Carolina L Talmon, coupled with medical reports, and other documentary evidence comprise the record in this claim.          DISCUSSION          Carolina Louisa Talmon, the claimant, with a date of birth of February 25, 1972, has a Master’s in Public Administration and a Master’s in Psychology. The claimant moved to Arkansas from California in 2010. The claimant commenced her employment with respondent on February 25, 2013, as a Family Support Representative.          The claimant denies ever having a period of disability when she was unable to work for any significant period. In describing her work history, the testimony of the claimant reflects:
I have worked at retail and I've also worked as an Administrative Assistant for helping with registration for vehicles. I worked at Ugly Duckling for my dad, and I worked for the State of California, and I worked for -- I'm trying to think back -- small retail shops. (Tr.p. 13)
         The claimant asserts that she suffered an injury to her back on August 18, 2018, while within the course and scope of her employment as a result of an accidental fall. Regarding the accident, the claimant offered:
I was called to the front, because there was a client in the lobby and on my way to the lobby, I slipped and fell.
There was a slick spot on the ground, and I slipped. My right foot went forward and my left foot fell backwards, and when I landed, I was turned around facing the way that I had come from. (Tr.pp. 13-14).
         The testimony of the claimant reflects that she injured her right knee and right toe as well as her ankle and wrist in the fall. The claimant noted that her ankle was swollen and “kinda of purple”, following the fall. (Tr.p.14) The claimant’s testimony reflects that the swelling in her leg and ankle occurred right away following her fall.          In describing the mechanics of the August 17, 2018, fall the claimant testified that as she was falling she turned facing back towards the way that she had come, and that her body rotated as she fell, twisting to the left. The claimant continued:
I felt a pull in my leg. At that time, I didn't feel my back hurting. It wasn't until the next day that I woke up and I felt sore and I felt my back hurting then. (Tr.p.14)
         The claimant offered that she fell hard:
I was laying on my tummy, and my arms were out and my leg was -- one leg was still forward all the way facing the way that I was going and the other leg was underneath me. (Tr.p. 15)
         The claimant continued:
Well, because we focus a lot on customer service, so I got up. There wasn't anybody around to help me out. So I got myself up and I brushed myself off and went to the lobby and I got my client and I brought her back to my office. I explained to her that I had just fallen, and that I was kinda sore and that I just took her paperwork and I led her back out to the lobby.(T. 15).
         The testimony of the claimant reflects that she stopped by Christi Nolte’s office to notify her of her accident because she was the lead and the person that was placed in charge for the day. The claimant offered that Mr. Griffin would normally be the individual to whom she would report the accident; however, he was off. The claimant testified regarding her reporting to Ms. Nolte:
I said, “I fell. I was looking back to my office,” and I told her. “I just fell. I slipped on a slick spot and I did the splits”. And she said, “are you gonna call the nurse?” And I said, “Yes.” So I went back to my office and I called the nurse.” (Tr.p. 16)
         The claimant testified that Ms. Nolte came into her office and informed her that she had notified the Supervisor for the Division of County Office of her accidental fall. Regarding the afore, the claimant added:
He had come to the door of my office, and he notified us that we had to notify Ms. Lanos, which is the Supervisor for the County Office. (Tr.p.17)
         The Report of Injury by the company nurse reflects, regarding the claimant’s medical complaints from the August 17, 2018, accidental fall:
Pain to the right wrist, right hand, right knee, and right big toe. Tingling in the right knee and tender to touch. (Resp.Ex. #2, p. 4)
         The claimant explained the “tingling” that she was experiencing went from toe up the knee, and from the knee up across the outer part of her thigh.          The claimant acknowledged that she has had back problems in the past. The claimant’s testimony reflects she knows the significance of tingling down the leg, adding:
The tingling down my leg reminded me of the previous pain that I had in my back that it always pulled from -- on the side of my leg to my back. (Tr.p. 18)
         The claimant testified that because she was interrupted during the time that she was talking to the nurse she did not have an opportunity to relay that she thought that she had hurt her back in the accidental fall:
I was slightly interrupted. She was calling the Lyft driver at the time and there was -- we were talking in my room -- in my office about the fall. (Tr.p 18)
         The claimant explained that the company nurse called the Lyft driver. (Tr.p.19) The claimant asserts that she did not an opportunity to finish telling the Company Nurse what she was trying to tell her:
No, not really. I just -- we just ended the call, and I was kinda shaky from the fall, and Christi put a chair near the back-end office, the door that we use to come in and out, she put a chair there, so that I could sit and wait for the Lyft driver? (Tr.p. 21)
         The claimant was transported to Concentra by the Lyft driver. At the time of her examination by the physician at Concentra, the claimant testified that her focus was the condition of her leg and knee:
I was interested in how my knee was doing and my ankle, but I also had a lot of tenderness on the side of my thigh. So I was curious to know if it was bruised or what had happened.
I had swelling in my ankle.
It was all the way around, like a -- almost like a -- I want to say like a donut around my ankle. (Tr.p 21)
         The claimant attributed the swelling in her ankle to the impact of her fall:
Well, I think I had an impact, when I fell. Like I said, my foot just slipped right out from under me, and I'm not really sure how my ankle got so swollen, but it was -- it was swollen and maybe from the twist. Maybe -- because I fell like this, (witness indicating), and then, I turned like this, (witness indicating), so I'm guessing, maybe, my ankle was twisted somewhere along the path. (Tr.p. 22)
         In describing how she was managing physically at work the weeks preceding the August 27, 2018, accidental fall, the claimant testified:
I was okay. I didn't have any problems. Well, I had previous back injury, but it was -- it was controlled with -- I was taking Tumeric, and I was also taking -- what's it called -- Ibuprofen and some muscle relaxers. (Tr.p 22)
         The claimant’s August 17, 2018, fall was...

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