Margaret Rappe v. Sharon Healthcare Woods

Attorney Noah Hamann proved at trial that the petitioner subjected herself to a greater risk of injury and thus, the petitioner was not entitled to any benefits. Specifically, petitioner alleged that on March 3, 2013 she was injured walking from her car to the employer’s front door as she began her shift. She testified that she tripped on a loose brick that was covered by ice and snow. She was seeking a right knee replacement.

Prior to trial, Attorney Hamann personally visited the accident site and met with witnesses. He learned that the pathway taken by the petitioner to the front door was unusual. The employee did not park in the employee designated parking area on the date of accident. Instead, she parked in a loading zone that was much closer to the front door because the respondent alleged, she did not want to walk from the farther employee parking area because of snowy and cold weather conditions.

Additionally, when the petitioner parked in the loading zone, she had access to a shoveled sidewalk from her car to the front door. However, to take a shorter path, the petitioner cut through a grassy area, where she fell.

Petitioner alleged that the employer acquiesced to her parking in the loading zone because she had bad knees. She also claimed that the fall was caused by a loose brick that was covered by snow and that those circumstances created a dangerous condition, increasing her risk of injury.

However, the respondent was able to prove that the employer did not acquiesce to the petitioner’s parking in a loading zone and regardless, the petitioner should not have cut through the grassy area because the respondent provided a safe means of travel via a shoveled sidewalk for the petitioner. By cutting through the grass, the employee subjected herself to a greater risk of injury.

Arbitrator Anthony Erbacci denied all benefits to the petitioner on January 5, 2015. The petitioner did not appeal.

At trial, exposure for the respondent was the cost of a knee replacement surgery, $10,704.85 in unpaid medical bills and up to one year of TTD ($13,994.76). Ultimate PPD exposure for the knee was anticipated to total up to 50% of the right knee ($26,038.65). Prior to trial the respondent attempted to settle on a disputed basis. Petitioner rejected and offered no counter.