No. 16-051794 (Mo. Lab. & Indust. Rel. Comm’n August 22,
2018)
Full Opinion: [Lois McDowell v. St. Luke’s Hospital of Kansas City]
Code(s): C030 Compensability;C032 Pre-existing Condition; C031 Idiopathic Event; C035 Past Medical Expense
Factual
Background:
Claimant is a 65 year old chemist who had 2 prior hip
replacement surgeries completed. Claimant had a difficult time carrying all of
her materials from the parking garage to the lab which she worked. The parking
garage is attached to the hospital by a shared doorway. Claimant’s supervisor
recommended and supplied her with a 2-wheeled cart to pack her purse, lunch,
and work materials to and from the parking garage. On the date of accident
Claimant was walking from the parking garage to the hospital rolling behind her
the cart containing her personal items and work materials. She approached the
shared doorway and encountered two co-workers each attempted to hold the door
for her but in so doing obstructed her path. As Claimant passed through the
doorway the wheel on her cart got caught on the trim of the doorway causing her
to fall and injure her wrist. Claimant filled out an injury report that day and
an x-ray revealed a fractured distal radius. Claimant was referred to an orthopedic
surgeon. The orthopedic surgeon opted to perform an open reduction with
internal fixation surgery which caused Claimant to be off work from July 13,
2016 until August 29, 2016. The employer asserted she was at no greater risk of
falling while rolling a cart than she would be in her normal everyday life.
ALJ &LIRC Analysis/Holding:
The ALJ found the accident and injury satisfied the 2-part
test set out in Gleason v. Turner,
455 S. W. 3d 494 (Mo. App. W.D. 2015) which
required (1) the Court to identify the risk source of a claimant’s
injury and (2) then compare that risk source to normal, non-employment
activity. Here facts indicated the risk source was pulling the 2-wheeled cart
through the congested doorway and there was substantial evidence which created
a nexus between work and the 2-wheeled cart. The most persuasive facts
included: Claimant’s supervisor recommended and supplied the cart, the care was
only used for coming and going to work, the cart was necessary for her to carry
her work materials. The LIRC affirmed the ALJ decision.
The Takeaway:
An Employer who supplies an employee with a 2-wheeled cart
to carry her work materials to and from work can be liable for injuries
sustained when the cart is identified as the risk source.