Workers’ Compensation – Accident – Interruption of Routine – Housekeeping Closet – Cramped Sink Area – Torn Rotator Cuff – Short-Term Disability – Credit

Nations v. Western Carolina University (Lawyers Weekly No. 11-08-0909, 12 pp.) (Christopher Scott, Commissioner) Appealed from Opinion & Award of Deputy Commissioner J. Brad Donovan. I.C. No. W73584.

Holding: While cleaning up a spill in a residence hall, plaintiff went to a seldom-used janitor’s closet to empty the water from his mop bucket. The cramped area around the sink required plaintiff to get into an awkward position to empty the bucket, and he experienced pain in his right shoulder, which turned out to be a tear of his rotator cuff.

There was an interruption of plaintiff’s normal work routine with the introduction thereby of unusual conditions likely to result in unexpected consequences. Therefore, plaintiff’s torn rotator cuff is compensable.

Even though plaintiff was released to return to work on Aug. 9, 2010 with restrictions of no lifting greater than five pounds, no ladders or climbing, and no repetitive activities with the right arm, plaintiff could not perform his pre-injury job under these work restrictions. Plaintiff actually returned to work on Oct. 18, 2010.

Where plaintiff received short-term disability benefits fully funded by the defendant-employer from May 23, 2010 through Oct. 17, 2010, defendants are entitled to a credit for the short-term disability benefits.

Defendants shall pay medical expenses related to plaintiff’s rotator cuff tear.

Where the record does not include an attorney’s fee agreement, the Industrial Commission is not able to determine a reasonable attorney’s fee at this time. Plaintiff’s counsel shall file an attorney’s fee agreement for the Commission to review, so the Commission can issue an order pertaining to a reasonable attorney’s fee award.