An appeals court in Arkansas on Wednesday confirmed that an Embassy Suite employee could not establish that she had sustained damages working for the hotel.
Roberta Jones, server at Embassy Suites, claims she injured her spine during breakfast service 2018 when she tried to lift a coffee pot "weighing 15 to 20 pounds" on a counter and heard a "pop" in the neck, according to documents in Jones v. Suites filed in the Court of Appeals of Arkansas, Division III of Little Rock, Arkansas.
Days later, Ms Jones underwent a medical examination, which complained of "neck pain since the fall" and back pain, and sought treatment six times after. Jones 'employer later sent her to care for workers' compensation after she informed her boss of her alleged injury. During this visit, she complained of constant pain on the right side of her neck, arm and hand, which she explained "was not the result of an injury", conflicting previous reports.
Referring to many inconsistencies and contradictions in her testimony and record, the Arkansas Workers & # 39; Compensation Commission considered that Jones failed to determine that she sustained compensation in the workplace. Ms Jones appealed, arguing that the Commission erred in failing to take into account a doctor's opinion and that the Commission's decision was not supported by material evidence.
The Court of Appeal upheld the Commission's decision, "(a) even if Jones tries to justify the many inconsistencies and contradictions in her testimony and the minutes, none of her arguments support a reversal of the Commission's decision."