Illinois assembly worker proves repetitive duties contributed to shoulder condition
The fact that a worker falls into two risk categories for the development of a medical condition does not necessarily block a benefit award, especially where the worker's medical expert recognizes these risk factors and still opines that the worker's work activities were a contributing factor n the development of her condition.
Malick v. Innertech-Nashville, 17 ILWCLB 63 (Ill.W.C.Comm. 2009).
Malick worked for her employer since May 1997 as an assembler, Her duties required her to snap two parts of a door together and put the parts into a machine. She explained that her machine had been malfunctioning and it required a substantial amount of pressure to reach up underneath the doors and snap the doors together while the machine was in progress. Her rate was approximately 400 doors per day. She started feeling problems with her shoulder in January 2007. As her discomfort increased, she sought treatment in September 2007. She was diagnosed with adhesive capsulitis. In awarding benefits, the arbitrator recognized that Malik fell into two main risk categories for the development of adhesive capsultitis 1) middle-aged women: and 2) insulin-dependent diabetics. However, the arbitrator relied on the testimony of Malik's doctor who opined that the repetitive duties performed by Malik for the employer were also a contributing factor in the development of her symptoms. In so holding, the arbitrator found the opinions of Malik's doctor more thorough and well-reasoned than the opinions of the employer's expert. Also, the employer's expert failed to explain the effect of repetitive stress on the development of adhesive capsulitis. Upon review, the Illinois Workers' Compensation Commission affirmed and adopted the decision of the arbitrator.
