Appeal of Elizabeth DoodyAnnotate this Case
Claimant Elizabeth Doody worked for the Laconia School District as an elementary school speech assistant for over a decade. Her job required her to accompany students from their location to a special services room as well as to supervise a locked side entrance door at the beginning of the school day when students arrive and at the end of the school day when they depart. Of the school’s 300 students, approximately 125 students typically used the side entrance, which consisted of an outside concrete area, an exterior door that accessed a small atrium with a floor mat, and an interior door that accessed the corridor. In winter weather, the outside concrete area was treated with sand and ice melt product. On April 18, 2017, Claimant fell twice while walking down the corridor toward the side entrance, once at approximately 8:30 a.m. and again at approximately 3:00 p.m. Both falls occurred in the same location. The morning fall did not injure Claimant, but the afternoon fall fractured her right arm, which had to be repaired surgically. Claimant was taken out of work by one of her doctors the day after the injury and was released to part-time work with modifications. Because the District was unable to accommodate the restrictions, Claimant remained out of work until school resumed in the fall. Despite the surgery and a subsequent course of physical therapy, Claimant remained unable to lift her right hand over her head and continued to experience pain. Claimant appealed a New Hampshire Compensation Appeals Board (CAB) decision to deny her claim for indemnity benefits and payment of medical bills. The parties disputed whether Claimant’s injury arose out of her employment. Because the New Hampshire Supreme Court determined the CAB misapplied the applicable law with respect to on-the-job injuries, and because applying that test required further fact-finding, it vacated the CAB’s decision and remanded for further factual findings and for the correct application of the “increased-risk test” to those facts.