Illinois teacher proves neck injury is work related
The Illinois Workers' Compensation Commission awarded temporary total disaiblty and medical benefits to a teacher who injured her neck due to two incidents at the workplace.
Case name: Bevenue v. Illinois Center for Autism, 17 ILWCLB 86 (Ill. W.C.Comm. 2009)
Summary: Bevenue, a physical education teacher and therapist for autistic children, underwent a cervical fusion in 2001 and returned to full-duty work. On Aug. 20, 2007, she injured her neck when a teenage student grabbed her. She experienced spasms down her neck and headaches and sought chiropractic treatment. She continued working until Oct. 24, 2007, when she suffered another incident at work. A teenage student grabbed her hair and would not let go. The surgeon who performed Bevenue's 2001 fusion reviewed a CT scan and concluded that there never was an absolute fusion resulting from the 2001 surgery. An orthopedic spine specialist diagnosed a central disc herniation and failed fusion. The employer's Section 12 examiner diagnosed a cervical sprain and pseudoarthrosis wtih broken screws. He explained that the pseudoarthrosis was a preexisitng condition and that Bevenue's current symptoms were due to the pseudoarthrosis. The arbitrator awarded TTD and medical benefits. Upon review, the Illinois Workers' Comepnsation Commissin affirmed and adopted the decision of the arbitrator.
In awarding benefits, the arbitrator noted that even though Bevenue had a cervical fusion in 2001 that resulted in a nonunion, she was asymptomatic and did not receive any medical treatment for neck complaints for six years, until the work accidents. Also, Bevenue was working full duty without any restrictions prior to both dates of injury. After both work injuries, she complained of headaches and pain radiating down her neck.
The arbitrator found the overwhelming weight of the evidence favored the testimony of the treating doctors. This testimony included the opinion of the orthopedic spine specialist who opined that the work accidents aggravated Bevenue's preexisting pseudoarthrosis and produced a new injury. The testimony of the employer's Section 12 examiner was inconsistent and inherently unreiliable. The examiner diagnosed a sprain yet recommended surgery if Bevenue's symtoms did not resovle with physical therapy. In light of the totality of the medical evidence suggesting contrary findings, the arbitrator discounted the opinions of the employer's Section 12 examiner.
