In awarding
benefits, the Illinois Industrial Commission held that standing and
walking on a concrete surface for 95 percent of a workday while lifting
items to stock shelves and climbing ladders was not something to which
the general public was exposed.
Claimant
worked for defendant as a store clerk. Her duties included moving
pallets of merchandise and lifting merchandise from the pallet onto a
cart. Claimant then pushed the cart to an aisle and stocked the shelves.
She worked on a concrete floor and was frequently required to climb a
ladder to stock merchandise. She testified she was on her feet 95
percent of her shift. She began noticing pain in both feet, which
worsened over time. She was diagnosed with transfer metatarsalgia and
plantar fasciitis. Her doctor opined it was related to the excessive
amount of walking at work. Claimant was then referred to another doctor,
who diagnosed plantar fasciitis with a mild bilateral tarsal tunnel
condition. He opined the foot condition was not caused by work but could
have been aggravated at work and became symptomatic. An other doctor
examined claimant and found a causal relationship between claimant’s
condition and his work. Evidence was introduced that five years earlier,
claimant had a non-work related plantar fasciitis condition.
The
arbitrator denied benefits, finding work did not play any part in
claimant’s condition.
The
Commission reversed, determining claimant sustained repetitive trauma
type injuries in the form of bilateral plantar fasciitis and that her
condition was causally related to her employment. The Commission noted
that the medical evidence all found claimant’s job duties to have at
least in part caused her condition. In addition, the Commission found
that standing and walking on a concrete surface for 95 percent of a
workday to place stock on shelves was not something to which the general
public was exposed or that was common to the general public. Standing,
walking and climbing under these circumstances constituted an increased
risk to claimant. The Commission concluded claimant suffered 10 percent
loss of use of each foot pursuant to Section 8(e), as she continued to
experience pain in both feet, has difficulty walking and climbing stairs
and is unable to stand for extended periods of time.
