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U. S. DEPARTMENT OF LABOR Employees Compensation Appeals Board In the Matter of EMMA L. BARRELS and DEPARTMENT OF VETERANS AFFAIRS, VETERANS ADMINISTRATION MEDICAL CENTER, Fort Meade, SD Docket No.

This injury occurred when she came to rest on a concrete barrier of a building, approximately eight feet below the street, as she had fallen into the street. There was only minimal force applied to appellant's head on the ground by the falling object (a sidewalk slab). The only damage to appellant's face was to her nose and upper lip. Appellant was taken to the Bethesda Naval Medical Center for treatment. She received approximately 100 stitches. The medical examiner performed an autopsy on appellant. He concluded that the cause of appellant's injury was a 3-lb. lump of aluminum alloy. A 3-lb. lump of aluminum alloy is about the density of a quarter of a teaspoon. The medical examiner did not determine the presence of molten metal or a burning chemical odor to be present at the spot of the falling object in which appellant fell. The medical examiner did determine a laceration at the area of the top of her nose, near her upper lip, and that there was a scrape mark on her lower lip. He found no bruises or contusions. At the post-injury debriefing with a military police officer, appellant stated that she was walking her dogs in a busy street in Maryland and fell on her face. She walked to an exit and then fell into a street. A vehicle pulled away from the curb, turned, and began to walk in the same direction as she did, toward the street. She was knocked off balance by the vehicle and went in the street. Her left leg was injured by the vehicle and the vehicle's passenger's left foot. She fell face down onto a concrete barrier of a building. The barrier was just two feet above the sidewalk. The incident was under investigation and no further investigation of the incident was conducted. Thereafter, the incident was covered by the Maryland Highway Administration. On or about January 16, 2002, appellant was struck by an object and a laceration occurred, which was investigated by the Maryland Highway Administration. This incident occurred on post. The Maryland Highway Administration has conducted an investigation. The investigation showed that appellant was walking on a sidewalk on post when a vehicle approaching from a traffic lane in front of her struck her in the side. The vehicle then drove away and left. There is conflicting testimony from various witnesses regarding the identity of the operator of the vehicle. It was not known if it was a military police unit. The case was assigned to the Military Police Bureau (PCB).

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