Claimant,
who fractured her right foot in a work accident and subsequently
developed reflex sympathetic dystrophy and depression, was entitled to
benefits for 40 percent permanent partial disability under section 8(d)2
of the Workers’ Compensation Act. The Commission found significant that
claimant was required to wear a special shoe that had a steel bar in the
center of it, a rocker to keep the bal of her feet off the ground and a
silicone insert.
Claimant
injured her right foot when she caught it in a hose and twisted her
ankle. She was diagnosed with a fracture at the base of the fifth
metatarsal and fitted with a cast. However, her foot did no improve and
she was sent to another doctor, who diagnosed reflex sympathetic
dystrophy. Claimant also underwent an excision of a bone fragment lodged
in the ankle. She was having problems walking because of pain and
underwent several sympathetic nerve blocks in her back. She was also
admitted to the hospital for placement of a lumbar epidural catheter to
help control pain. The device had to be removed because the catheter
shifted. The doctor also placed a spinal cord stimulator in claimant’s
back to help control pain. The stimulator had to be changed because of
complications that required further hospitalizations. Also, claimant was
diagnosed with major depressive disorder resulting from the reflex
sympathetic dystrophy.
At the time
of hearing, claimant was performing very restricted clerical duties for
defendant. Her activities were severely curtailed. She no longer engaged
in sports. She has pain her back and right foot. She takes daily
medication for pain and depression.
The
arbitrator found claimant entitled to permanent disability to the extent
of 25 percent under section 8(d)2 of the Workers’ Compensation Act.
The
Commission modified the decision of the arbitrator to find claimant
permanently disabled to the extent of 40 percent. The Commission noted
that as a result of the injury, claimant was required to wear a special
shoe that had a steel bar in the center of it, a rocker to keep the ball
of her feet off the ground and a silicone insert. Also, the Commission
pointed to claimant’s testimony that her right foot was still swollen
and that she experienced constant back pain. Also, the Commission
pointed out that claimant had undergone surgery to remove a bone spur
and had a 5lb weight restriction.
