Illinois Industrial Commission Awarded Additional Temporary Total Disability Benefits To Cheese Production Line Worker For Continuing Symptoms Following Carpal Tunnel Surgeries

A majority of the Commission held that the claimant's employment caused her continuing problems after her carpal tunnel release surgeries and doubled the arbitrator's award of temporary total disability benefits. The Commission concluded the surgeon verified the claimant's continuing symptoms. The dissent contended the claimant failed to prove her work duties caused her carpal tunnel syndrome.

The claimant worked for defendant on a production line, taking stacks of cheese from a conveyor belt. When the claimant began to develop pain, numbness and tingling in her arms and hands, she began treatment with a surgeon. The claimant underwent two carpal tunnel surgeries and her surgeon kept her off work.

The claimant visited defendant's occupational health physician, who placed her in a work hardening program. After she completed the program, the defendant's physician cleared her to return to work.

The claimant reported some improvement but told her surgeon she suffered pain in both wrists. Although the surgeon determined a recurrence of the claimant's carpal tunnel syndrome, he refused to treat her again due to conflicts with the defendant's physician. The claimant testified she developed worsening symptoms after returning the production line.

The claimant saw a hand surgeon, who performed surgery on her left median nerve. The surgeon restricted the claimant's work activity to limit grabbing, twisting and lifting. He also instructed her to refrain from performing repetitive movements for more than one-third of the workday. The surgeon concluded the claimant could return to work if the defendant modified her job. The claimant testified she did not attempt to return to her job.

The defendant sent the claimant an independent physician, who determined that the claimant's job did not require her to use her hands and arms and that she either suffered from normal aches and pains or was incompatible with the production-line work. Another independent physician testified to inconsistencies during the claimant's exams and concluded the nerve surgery was unnecessary.

The arbitrator found the claimant's injury arose out of and in the course of her employment, and awarded her temporary total disability benefits for 22 weeks. The claimant appealed.

A majority of the Commission modified the arbitrator's award to include an additional 33 weeks of TTD benefits from the date of the claimant's surgery to the date the surgeon established her work restrictions. Although the two independent physicians questioned the claimant's symptoms, the majority noted claimant's hand surgeon, a more qualified expert on the matter, established a causal connection to the claimant's employment.

The dissent argued the evidence failed to support a causal connection to the claimant's work to justify an additional 33 weeks of benefits. Moreover the dissent contended the hand surgeon treated an independent problem separate from the claimant's carpal tunnel syndrome.

 
 
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