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.
