Illinois employee loses PTD award despite amputation
The Illinois Workers' Compensation Commission vacated an award of permanent total disaiblity benefits and instead found the employee suffered a 100% percent loss of use of the left leg under Section 8(3)12 of the Illinois Workers' Compensation Act due to a below-the-knee amputation.
Case name: Kindred v. Wackenhut Corp., 17 ILWCLB 113
(Ill.W.C.Comm.2009).
Kindred worked for the employer as a security guard. He previously worked as a police officer, but due to coronary artery bypass surgery, his doctor advised him to find other work. He was on Social Security Disability when he went to work for the defendant. He also had a 25 year history of diabetes and had a kidney transplant. His job for the employer involved monitoring doors at the corporate office of an insurance company.
At the beginning of his shift on March 27, 2002, he stepped out of his vehicle and slipped on ice, twisting his anke. He underwent surgery which involved putting a plate, screws and pins in his left ankle.
Subsequent complications required that Kindred undergo an amputation below the knee. He currently uses a prosthesis. Based on Kindred's injuries, his past work experience and current disabilties, the arbitrator found Kindred permanently and totally incapable of employment.
However, the Illinois Workers' Compensation Commission vacated the PTD determination, as Kindred failed to prove there was any relationship between his ankle fracture leg amputation and his inability to perform sedentary work.
The Illinois Workers' Compensation Commission explained that the arbitrator's PTD award was based on Kindred's total physical health condition rather than on the injuries that resulted from the accident in this case. Since the ankle injury, Kindred has not looked for work. The Illinois Workers' Compensation Commission pointed out that there was no evidence that any of Kindred's treating doctors opined that he was unable to work. Rather, the doctors stated that Kindred could perform sedentary duties but he would require accommodations for a wheelchair and minimal ambulation.
Despite Kindred's difficulty ambulating, that fact alone does not render a worker permanently and totally disabled. With his background in law enforcement, there are many sedentary jobs that Kindred could possible perform. In fact, the Commission explained that Kindred could probably even return to his security job postiion with the defendant. Accordingly, the Commission reversed the arbitrator's decision and awarded permanent partial disability benefits for the 100% loss of use of the left leg under Section 8(e)12.
