An employee who failed to report her injury for over a week because she went on vacation is still entitled to disability benefits and medical care, said an Arkansas appellate court.

Mae Reed worked for M.A. Mortenson Cos. as a solar panel assembler. On November 18, 2017 she was holding a panel when a big gust of wind blew the panel and her arm back over her head. She kept working but did notify the employer’s “safety man” as he drove around and checked on employees. This was her last workday before a scheduled vacation abroad and the workday ended early because of the strong winds. She started experiencing pain a few days later but did not receive treatment until she got home from her trip. She went to the ER early in the morning on November 28^th, ten days after the incident.

 She went to the job site later that morning and received further treatment several times in the following weeks, including steroid injections. Her doctor had told her that fluid built up in her arm which is why her shoulder did not hurt right after the accident.

When she was granted workers’ compensation for her injury her employer appealed, saying the only evidence that the workplace incident occurred was her “self-serving testimony” and that she reported the incident after a colleague said the staff was going to be laid off.

Reed said she reported the incident on the day it occurred and visited the doctor immediately after landing from her trip. The appellate court determined that her testimony was credible, and even though she delayed reporting the injury that was not fatal to her claim. They upheld her benefits.

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