Debbie Shanks v. Heartland Regional Medical Center

Full Opinion: [Debbie Shanks v. Heartland Regional Medical Center]

Factual Background:

The ALJ was Judge Robert Miner.  Claimant was cardiac monitor technician who alleged a series of conditions and symptoms as a result of a reaction to an employer-provided flu shot.  The employer required all employees to obtain the flu shot but allowed for accommodations as needed.  The claimant had a prior history of anxiety and depression disorder.  The main issue is whether the alleged accident was the prevailing factor in any subsequent injury.

Commission Decision:

The claimant failed to prove she sustained an injury by accident arising out of and in the course of employment.

Analysis/Holding:

The claimant complained of burning in her feet, right knee pain, muscle spasms in her arms, tremors in her hands, dizziness, memory issues, fatigue, headache, and balance problems.  She treated with numerous doctors without any objective physical findings whatsoever to match up to her subjective complaints.  There were no objective findings of any symptoms that could lead back to the flu shot.  Ultimately, the claimant was determined to have a psychological disorder: a “conversion or somatic symptom disorder.”  The ALJ and the Commission found the flu shot was not the prevailing factor for the claimant’s psychological condition because she experienced similar psychological symptoms prior to the work accident and because there were no objective symptoms that could in any way be connected to the flu vaccine.  The Commission noted an injury is not compensable merely because work was a triggering or precipitating factor (Section 287.020).  Therefore, the claimant’s theory that the psychological condition was triggered by an adverse reaction to the flu vaccine was not supported by the evidence.

The Takeaway:

An injury is not compensable merely because work was a triggering or precipitating factor.  To be compensable, the injury must be the prevailing factor in the current condition of ill-being.