Walker, 032818 ARWC, G707033

• Case Date: March 28, 2018
• Court: Kansas

RUTH WALKER, EMPLOYEE CLAIMANT FAMILY DOLLAR STORE, INC., EMPLOYEE RESPONDENT ARCH INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., CARRIER/TPA RESPONDENT No. G707033 Arkansas Workers Compensation Before The Arkansas Workers’ Compensation Commission March 28, 2018           (9/27/2017)          Hearing before CHIEF ADMINISTRATIVE LAW JUDGE ANDREW L. BLOOD, on January 26, 2018, at Marion, Crittenden County, Arkansas.           Claimant represented by the HONORABLE DENNY SUMPTER, Attorney at Law, West Memphis, Arkansas.           Respondents represented by the HONORABLE RANDY P. MURPHY, Attorney at Law, Little Rock, Arkansas.           ANDREW L. BLOOD, Chief Administrative Law Judge.          STATEMENT OF THE CASE          A hearing was conducted in the above-styled claim to determine the claimant’s entitlement to workers’ compensation benefits. On December 4, 2017, a prehearing conference was conducted in the claim, from which a Prehearing Order of the same date was generated. 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 the afore. The Prehearing Order is herein designated a part of the record as “Commission Exhibit #1". The parties stipulated that the claimant earned an average weekly wage of $805.20.          The testimony of Ruth Walker, coupled with the December 6, 2017, deposition of the claimant, along with medical reports and other documents comprise the record in this claim. Additionally, the parties requested and were granted permission to submit post-hearing briefs, which were blue-backed and included in the record.          DISCUSSION          Ruth Annette Walker, the claimant, with a date of birth of March 3, 1957, is a high school graduate who has been employed by respondents since November 20, 1995. Claimant is employed at the Family Dollar Distribution Center.          The claimant maintains that on September 27, 2017, she sustained an injury while employed by respondent. Specifically, the claimant testified that she broke the bones around her ankle and crushed her heel. In describing the mechanics of the accident, the claimant’s testimony reflects:

There’s two flights of stairs. I was going down the second - - the end - - the last of the second flight and at the top I fell. Rolled down the stairs. (Tr. 9)

         The claimant testified that she had not clocked out to leave, but was on her way to clock out. The claimant acknowledged, regarding the timing of the accident:

I was just a little past my regular clock-out time. I was finishing up some work and it was about five o’clock, when I headed down the stairs. (Tr. 9)

         The claimant offered that her delay in clocking out was that she had to finish some work. Claimant is an hourly employee.          The testimony of the claimant reflects that it is a requirement that she clock in and clock out. As far as ever being reprimanded for not clock in or out, the claimant offered:

Over the 22 years, probably, maybe one or two times, I failed to not watch the clock, but yeah, I had been brought in to say, “Make sure to you watch.” (Tr. 10)

         The claimant described the location of the clock-in and clock-out station at the work facility:

I come in the front door and have to go through the warehouse to the one corner, where the transportation is and we’re in one corner and there’s a stairwell. You go through the door and you go to the end of the stairs a little ways and there’s a clock, and then, you got to go up the stairs, two flights of stairs, and then, - - [a clock is where you clock in]. (Tr. 10)

         The claimant explained that she clocked in through the use of a badge which is scanned. The testimony of the claimant reflects that clocking in is the first task performed in the start of the work day. The testimony of the claimant reflects that thereafter she has to turn and go up the two (2) flights of stairs in to the transportation office. The claimant added that she also left the same way, noting that there is no way for her to clock in or clock out but to go up and down the stairs on which she fell.          At the time of the claimant’s accidental fall there was no one else in the stairwell. The claimant noted that there was a lady upstairs still on duty and she called her on her cell phone. The claimant continued, regarding assistance following the accident:

Oh, there was, at least, about five bosses, that she called a code to have everybody come; so there was about five bosses showed up, night bosses. (Tr. 12)

         The claimant was sent by ambulance to the ER Med in Memphis. The claimant did not clock out from work on the day of her accidental fall.          The testimony of the claimant reflects that following her arrival at the Med, she remained overnight, until 7:00 a.m. the next day. The claimant testified that respondents have not paid the ambulance or the emergency room bills. At the time of her discharge from the emergency room, the claimant was directed to contact Campbell’s Clinic. The claimant was seen at Campbell’s Clinic the following Wednesday. The...