Illinois businessman awarded PTD due to inability to concentrate because of pain and narcotic medication
The Illinois Workers' Compensation Commission awarded permanent total disability benefits to a senior sales representative for an insurance company who injured his back. The worker had proven by a preponderance of the evidence that he had a complete disability rendering him wholly and permanently incapable of work.
Rujewski v. Humana Inc., 17 ILWCLB 33 (Ill.W.C.Comm 2008).
Rujewski, a highly educated and experienced businessman, injured his back while working as a senior sales representative for the defendant. His job duties were to sell professional medical services to large groups by soliciting actual client groups and brokers. He would prepare quotes, make presentations and sales calls and conduct open enrollments. Much of the work was done out of the office and involved driving 300 to 350 miles per week. The year before his accident, he earned over $250,000. He was 60 years old at the time of the trial and had not worked since undergoing low back surgery in April 2004. The treating surgeon opined that Rujewski was permanently and totally disabled, while the defendant's examining doctor believed that Rujewski could do some type of work with physical restrictinos and accommodations. The defendant's vocational expert opined that there was no indication that Rujewski could not peform in his usual and customary line of employment based upon his education, work experience and physical capacity.
The arbitrator awarded PTD beneifts. The arbitrator noted that in rendering their opinions on Rujewski's ability to return to work, neither the defendant's examining doctor nor vocational expert addressed Rujewski's inability to concentrate due to his chronic pain and the very large amounts of narcotic prescription medications he continues to take on a daily basis. Any work in Rujewski's usual and customary line of employment would require a great deal of concentration and memory. Upon review the Commission affirmed and adopted the decision of the arbitrator.
Rujewksi was suffering from chronic pain that had not been relieved by injections, surgical intervetion or medications. He testified that the pain constantly interrupted his thought processes. He takes large amounts of prescription narcotic medications daily in an attempt to find some relief from his chronic pain. Rujewski also testified that on a good night, he could get three and one-half hours of uninterrupted sleep. The arbitrator found Rujewksi's testimony credible.
As for the defendant's surveillance video, the arbitrator was unimpressed with the insignificant activities which did not demonstrate an ability to concentrate and perform the work that Rujewski previously enjoyed on a full-time basis. One would expect that a previously active and successful individual who has suffered a life changing injury would try to do what he can with what is left of his life, including pushing the limits on occasion.
