The Commission held the claimant was
entitled to 14 additional weeks of temporary total disability benefits
for injuries he suffered wile lifting sheets of steel, based on a
physician's second opinion of the date the claimant achieved maximum
medical improvement. (James Hopkins v. Custom Stainless Steel, [Ill.
Ind. Com.], Nos 99 WC 2108, 02 IIC 0426, 05/31/02.)
The claimant, a steelworker with the
defendant, testified he felt low back pain while lifting sheets of
stainless steel. He claimed his pain progressively increased throughout
the day. The claimant sough medical care from a chiropractor and
informed him of the work injury. After the chiropractor took him off
work, the claimant sough treatment from another doctor. The doctor
concluded the claimant had lumbar strain and bulging disc, and
recommended the claimant work in a position that did not involve
bending, stooping or lifting. When the claimant still complained of pain
three months later, the physician renewed the work restrictions.
Relying on his chiropractor's opinions, the
claimant refused the defendant's offer to return to light-duty work. The
defendant paid temporary total disability benefits, but terminated them
when the claimant's physician determined he reached maximum medical
improvement. A second doctor recommended the claimant see a
psychiatrist, who concluded the claimant was exaggerating his symptoms
and had reached maximum medical improvement. A third physician testified
the claimant's complaints were consistent with his physical examination.
The arbitrator found the third physician
lacked credibility because he ignored A rational medical opinions@ in
advocating the claimant's case. Noting the inconsistencies between the
claimant's complaints and the findings of his various physicians, the
arbitrator agreed with the first physician and found the claimant was
capable of working in a light-duty position. The arbitrator refused to
grant the claimant's benefits beyond the date his physician determined
he reached maximum medical improvement. The arbitrator also denied the
claimant payment for medical bills he incurred after reaching maximum
medical improvement.
On appeal, the Commission found the second
doctor's diagnosis was the determinative date for maximum medical
improvement. The Commission thus modified the arbitrator's decision,
granting the claimant an additional 14 weeks of temporary total
disability benefits. The Commission also awarded the claimant medical
expenses incurred with the second physician.
