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Compton v. Rinehart's Meat Processing2/19/2004
nie Fahey ("Fahey"), was employed by Employer's insurer to monitor Claimant's progress. Claimant points to testimony from Claimant's Wife in which Fahey, as an agent of Employer, was supposedly informed of the need for nursing services. We look to Fahey's testimony to ascertain whether that testimony supports a finding of constructive notice to the Employer that Claimant needed nursing services eight hours per day, seven days per week. Claimant's exhibit, itemizing the eight hours per day that Wife performed "nursing functions" for Claimant, was not provided until the 2002 hearing and is as follows:
Give [Claimant] medications 3 times a day 15 minutes
Take Blood pressure 2 times a day 15 minutes
Do blood sugar test 3 times a day 15 minutes
Apply ointment and powder to leg 3-4 times a day 30 minutes
Wash and drying leg 3-4 times a day 30 minutes
Put on hose 3 times a day 45 minutes
Remove hose 3 times a day 30 minutes
Wash hose and hang to dry 3 times a day 45 minutes
Help prop leg above heart 4 times a day 20 minutes
Put on leg pump 2 times a day 40 minutes
Take leg pump off 2 times a day 40 minutes
Leg exercises 1 time a day 20 minutes
Rub back, leg and foot 1 time a day 20 minutes
Prepares 3 meals a day 70 minutes
Short walks 2 times a day 45 minutes
The testimony concerning the role of Fahey in the treatment of Claimant was given by Wife at the 2002 hearing. Wife testified that Fahey was an RN assigned to assist in Claimant's health care, help him find doctors that might be able to help him, or, if Wife needed someone to help her find the right pump "and stuff," assist her with finding the right people to do that. Wife testified:
She went to the doctor with us one time, and she sat outside the door and listened to the conversation between us and Dr. Godwin. And, you know, she never did -- that was the only time we ever seen her, but we talked to her several times on the phone, several times.
And then when I -- we'd call her for something, then she'd say she wasn't on our case anymore, and she kind of went out of the picture after she had went with us to the doctor.
But she had made arrangements for us to go to Kansas City, and we seen I believe it was Butin and Crucino (ph.), something on that order is their names in Kansas City.
Wife's testimony as to the nature of her conversation with Fahey concerning Claimant's need for nursing services on a daily basis was:
I told her what he needed done. And she said that -- she said whatever the doctor explained that he needed care with for me to try to help, and, if I couldn't to call her. And it seemed like to me every time I called her she was either unavailable or she wasn't there, or when she'd call back, she'd say, "Well, did you get through that problem," you know, and she was there, but she wasn't like a help.
When asked whether Wife made Fahey personally aware of what she was doing for Claimant that she felt was in connection with his injury , Wife responded:
His medicine and his Jobst stockings is the hardest thing, and his -- then later on it became his leg pump, that was much later. And the medication, the ointments that goes on his leg and foot from the swelling and propping his leg up.
I also went to her about -- it was a lift chair kind of thing one time, and she denied it. She told us, no, that he didn't need it. It was one that would prop his leg up above his heart at the time and she told us, no, that they couldn't
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