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Gribbins v. Amazon.Com4/21/2005
THIS OPINIONIS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY OTHER CASE IN ANY COURT OF THIS STATE.
MEMORANDUM OPINION
AFFIRMING
Ina Gribbins appeals from an opinion of the Court of Appeals which upheld the Workers' Compensation Board in affirming the award of the Administrative Law Judge which had awarded her permanent partial and temporary total disability benefits for a low-back injury , but dismissed her claim for a cervical spine injury. The ALJ also resolved a medical fee dispute concerning treatment for cervical and shoulder injuries in favor of Amazon.com.
Gribbins, who is proceeding pro se, contends that she sustained the cervical spine injury ; that the ALJ was biased against her; that her low-back injury caused a 28% impairment rather than 5%; and that she does not know why her attorneys failed to file a claim for her urinary and acid reflux conditions. Amazon responds that the petitioner has failed to prove that the evidence compels a different result and, therefore, the ALJ, the Board and the Court of Appeals should be affirmed.
Gribbins fell at work sustaining injuries to her lower back on November 30, 1999. Gribbins, a 53-year-old woman who holds a bachelor of science degree in elementary education, has worked as a substitute teacher and librarian, as well as at other positions over her work history. She testified by deposition and at the hearing before the ALJ that an item was stuck at the top of a shelving unit and she could not reach it because there was no stool or ladder to use. She climbed the shelving unit to move the item, missed a shelf while climbing down and fell back on a concrete floor causing a work-related injury . She strained in order to keep her head from hitting the floor. Gribbins was taken to the emergency room of a local hospital where she was treated with a shot and Xrayed. She was sent home but was advised the following day that she had suffered a fractured vertebra. She saw her family physician for several weeks following the incident and was referred to Dr. Hunt, who kept her from work until January 12, 2000. She saw Dr. Menke as well as Dr. Angel for the urinary tract infection and Dr. Romines for acid reflux. She was allowed to return to light duty and attempted to return to regular work but was unable to perform the work.
Ultimately, her claim for disability benefits resulted in an award based on a finding of a 5% impairment to her body as a whole. She was awarded the sum of $209.17 per week for temporary total occupational disability benefits from December 1, 1999 through January 12, 2000 and March 10, 2000 through April 9, 2000, and thereafter, the sum of $11.76 per week for one and one-half times a 3.75% permanent partial disability. Her claim for cervical spine injury was dismissed. The Board affirmed the award of the AU as did the Court of Appeals. This appeal followed.
Gribbins testified extensively about the accident and her injuries as a result thereof. She stated that her back, hips, legs and right arm began to be painful immediately soon after the fall. She stated that her neck was not as bad as it had been but it still felt like there was a crook in it. She stated that Dr. Hunt, her family physician, prescribed Naprosyn and Lortab; she claimed her arm felt worse in March of 2000, and the neck pain worsened as well. She also submitted a report of Dr. Whobrey, who evaluated her on November 29, 2000. Dr. Whobrey reviewed extensive medical records and reports as well as diagnostic reports. She restricte
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