VA: fall--but no contemporaneous back pain: comp. awarded despite no complaint re back. (Legal Case Briefs for Nurses).CASE FACTS: On May 17, 2000, Meena Munjal, a registered nurse, was injured in·jure tr.v. in·jured, in·jur·ing, in·jures 1. To cause physical harm to; hurt. 2. To cause damage to; impair. 3. at Alexandria Hospital. Nurse Munjal and several other nurses were sitting around a table in a conference room, listening to recorded medical reports. The nurse's chairs were close together. Some of the chairs, including Nurse Munjal's were on rollers. They were unbalanced, wobbled, and moved from side to side. Nurse Munjal stood up from her chair, leaned forward, and reached for the cardex. When she attempted to sit back in her chair, it had moved back and Nurse Munjal fell to the floor. She hit her left forearm and the left side of her neck and head on the armrest of the chair. The right side of her hip struck the floor. Following the incident, Nurse Munjal filled out an Employee Occurrence Report, noting injuries to her left head, neck, and right hip. She reported no back injury. She sought treatment in the emergency room. The emergency room medical records reflected no back injury. They stated that there was "no c[omplaint]/o[f] back pain." Nurse Munjal also filled out a state Worker's Compensation Commission Form, making no mention of back pain or back injury. On June 1, 2000, Nurse Munjal was seen by Dr. Michael Leonidov. His notes state that she "fell at work on 5/17. Awoke the next day with some back pain. Was seen in the ER the same day of the incident and just given Motrin; did not have the back pain at that time." Dr. Leonidov recommended that x-rays be taken. Nurse Munjal refused because she did not want to take time off from work. The back pain cleared up and was completely resolved by June 2000. Commission awarded Nurse Munjal benefits. The employer appealed COURT'S OPINION: The Court of Appeals of Virginia The Court of Appeals of Virginia, established January 1, 1985, is an eleven-judge body that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. affirmed the judgment of the Workers' Compensation workers' compensation, payment by employers for some part of the cost of injuries, or in some cases of occupational diseases, received by employees in the course of their work. Commission. The court held, inter alia [Latin, Among other things.] A phrase used in Pleading to designate that a particular statute set out therein is only a part of the statute that is relevant to the facts of the lawsuit and not the entire statute. , that there was sufficient evidence upon which the Commission could find that the nurse had a valid claim. The Workers' Compensation Act does not require that a claimant CLAIMANT. In the courts of admiralty, when the suit is in rem, the cause is entitled in the Dame of the libellant against the thing libelled, as A B v. Ten cases of calico and it preserves that title through the whole progress of the suit. feel or make a contemporaneous con·tem·po·ra·ne·ous adj. Originating, existing, or happening during the same period of time: the contemporaneous reigns of two monarchs. See Synonyms at contemporary. complaint of pain or seek immediate medical treatment. Dr. Leonidov verified the fact that Nurse Munjal admitted that she did not experience back pain immediately following the incident. However, Dr. Leonidov's records from the June 1, 2000, examination, clearly show a history that the nurse awoke the next day with some back pain. While it is true that a claimant must show an identifiable incident that occurred at a reasonably definite time, it is not necessary in establishing causation causation Relation that holds between two temporally simultaneous or successive events when the first event (the cause) brings about the other (the effect). According to David Hume, when we say of two types of object or event that “X causes Y” (e.g. that the pain or other physical manifestation of the injury be contemporaneous with the incident Alexandria Hospital v. Munjal, 2002 WL 1796998 S.E.2d--VA Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for nearly 40 years, he concentrates in health care law with the Rhode Island Rhode Island, island, United States Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches. law firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospital law's Reagan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers and Marquis Who's Who Who’s Who biographical dictionary of notable living people. [Am. Hist.: Hart, 922] See : Fame in American Law. |
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