An appeals court in Arkansas on Wednesday reversed an earlier decision that the injuries suffered by a nurse who lifted a patient could not be compensated for lack of evidence and credibility.
Tina Melius, a nurse at the Chapel Ridge Nursing Center, reported a work injury to parts of her leg in 2018 after helping lift a transferred patient. Court records provide a chronology of several medical examinations after the incident, described in Tina L. Melius v. Chapel Ridge Nursing Center, LLC, and Amtrust North America Insurance, filed at the Court of Appeals of Arkansas, Division IV in Little Rock.
Following a hearing on Mrs Melius' claim for benefits for workers, a judge in the Administrative Court denied benefits and found that she "did not prove with an abundance of evidence that she suffered a compensation injury" and "failed to provide the form of objective medical findings to support her claim that she suffered spasms related to the injury "201
" She stated that she had pain and spasms 1-4 times a day. However, the medical evidence does not support her claims. She was treated by several doctors, of which no one found evidence of spasms or made any notes for objective detection of spasms, "the court documents show. The judge – who found Melius' testimony" was not credible in light of the evidence presented "- also denied the admissibility of a mobile phone video and photographs of spasms due to lack of authenticity, "appears from the documents.
The Board of Appeal, which is based on the documentation of Chinese treatment, reversed unanimously: “(We) believe that a reasonable conclusion from the chronology of the incident is that medication, physiotherapy and pain relief were prescribed to help Melius and to treat her injury, and there was no evidence to the contrary. No other design of these events can withstand scrutiny or pass the plausibility test. "
The panel of three judges wrote" we reintroduce Melius' case and detention for further decisions if she received a compensable injury … she is entitled to medical treatment and if she is entitled to temporary partial disability benefits.