Maintenance Worker Entitled To Receive Illinois Workers' Comp Benefits

Finding claimant sufficiently established a causal connection between his work-related injury and his subsequent surgery, the Commission held the claimant was entitled to receive temporary total disability benefits, medical expenses and benefits for loss of person as a whole. (Michael J. Hendrix v. Spectrulite Consortium Inc., [Ill.Ind.Com.], Nos. 99 WC 42444, 02 IIC 0418, 05/29/02.)

The claimant, a maintenance workers, slipped in oil while descending a staircase, landed on his back, and suffered injuries. Because he did not release the handrail before he fell, he also injured his shoulder, arm and lower back. The claimant reported the accident, received treatment and returned to work.

The claimant subsequently sought treatment form an orthopedist, who diagnosed him with shoulder tendonitis and cervical pain. The orthopedist restricted the claimant to light-duty work and concluded he would reach maximum medical improvement within six weeks.

An orthopedic surgeon reached the same diagnosis and allowed the claimant to return to work with light-duty restrictions. Two weeks later, the claimant sought treatment from another physician. An MRI revealed the claimant suffered a protruding cervical disc, and the physician recommended non-surgical treatment.

The surgeon operated on claimant's shoulder, and the defendant's orthopedist concluded claimant could perform light-duty work if he wore a sling to protect his arm. However, the orthopedist opposed surgery for claimant's surgical spine, determining the injury was inconsistent with his accident report. When the claimant continued to suffer pain in his neck and shoulder blades, his surgeon performed a discectomy and cervical fusion. Another physician for the defendant testified the surgery was unnecessary and unrelated to the claimant's injury.

The arbitrator found the claimant established a causal connection between his accident and his shoulder injury. However, the arbitrator found he failed to prove his cervical strain or subsequent surgery stemmed from the incident. The arbitrator awarded the claimant temporary total disability benefits and medical expenses for his shoulder treatment.

On appeal, the Commission found the claimant sufficiently established his accident required him to undergo both surgical procedures. The Commission modified the arbitrator's decision to include temporary total disability benefits and medical expenses for the second surgery, as well as for the claimant's 20% percent of loss use of his arm and his person as a whole.

 
 
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