Illinois Firefighter/Paramedic secures benefits for heart condition
The Illinois Workers' Compensation Commission awarded permanent disability under Section 8(d)2 for 50 percent loss of use of a person as a whole for heart problems suffered as a result of a worker's stressful work as a firefighter/paramedic.
Collignon v. Arlington Heights, Village of, 17 ILWCLB 25 (ILL.W.C.Comm.2008).
In establishing a claim under the Occupational Diseases Act (ODA) for disabling coronary artery disease due to a stressful work environment, a worker's family history, preexisting hypertension and elevated cholesterol levels will not block his benefit claim, so long as the actual hazards that are unique to his work duties were a causative factor in aggravating, accelerating or precipitating his disease.
Collignon filed for benefits under the ODA, alleging that he suffered a heart condition as a result of his 29 years of work for the defendant-village as a firefighter/paramedic. Collignon's expert opined that to a reasonable degree of certainty, Collignon had coronary artery disease precipitated and enhanced by his stresses as a firefighter/paramedic. The treating doctor noted that Collignon suffered from cardiopulmonary disease secondary to his occupation and hypertension, and high cholesterol. The expert acknowledged that there may be some effect of chronic stress in precipitating the acceleration of coronary disease by provoking hypertension, but he believed this was only a small possible contributing factor. The arbitrator awarded benefits. Upon review, the Commission affirmed and adopted the decision of the arbitrator.
In establishing his case, Collignon need not show that his heart condition was solely or even primarily caused by the hazards at work. Further the fact that Collignon had preexisting conditions that predisposed him to disability is not a disqualification. Therefore, Collignon's family history, his preexisting hypertension, and his elevated cholesterol levels will not block his benefit claim, so long as the actual hazards that are unique to his duties as a paramedic were a causative factor in aggravating, accelerating or precipitating his disease.
The arbitrator explained that the testimony of the defendant's expert, who was a board certified cardiologist, was actually more persuasive than Collignon's expert, a board certified forensic examiner. However, the defense expert's testimony established causal connection as defined by the Illinois Supreme Court in Sisbor Inc v. Industrial Commission and Twice Over Clean Inc., v. Industrial Commission, when he stated that chronic stress may have precipitated the acceleration of coronary disease by provoking hypertension, even though "this is only a small possible contributing factor to the development of coronary disease." Collignon's witnesses established that he was exposed to catastrophic injuries, or worse, on a regular basis. Although Collignon exhibited tremors at the hearing from Parkinson's disease, his coronary condition was the reason he was unable to continue his usual and customary occupation. The arbitrator further noted that all of the doctors who treated or examined Collignon opined that his work-related chronic stress, at the very least, may have contributed to the development of his coronary disease.
