Illinois employer must cover worker's future treatment
The Illinois Workers' Compensation held that a worker who had to undergo a splenectomry due to a work accident was entitled to permanent disability benefits under Section 8(d)2 of the WCA for 25 percent loss of use of the person as a whole. Also, the employer must authorize and pay for any ongoing medical expenses as indicated by the treating doctor, including vaccinations and antibiotics, and treatment for fevers regardless of the determined cause.
Case name: Dersch v. Dersch Energies, Inc., 17 ILWCLB 114 (Ill.W.C.Comm. 2009).
Dersch fell from a truck at work, landing on his left side. He fractured two ribs and undwent a splenectomy. He was also treated for dizziness and headaches and underwent surgery for a ventral hernia. Dersch's doctor indicted that, as a result of the splenectomy, Dersch will have a depressed immune system, have to undergo three types of vaccinations, have his vaccination protocol monitored on an annual basis and will have to keep antibiotics with him at all times. The arbitrator awarded permanent partial disability for 25% loss person as a whole, and ordered the employer to pay for future medical services as indicated by the treating doctor. Including vaccinations and antibiotics as more fully set forth in the findings and consistent with the medical fee schedue.
Upon review, the Commission modifed the arbitrrator's decision regarding Dersch's dizziness, finding a lack of evidence connecting this condition to the work accident. Also, the Commission clarified the arbitrator's decision regardnig prospective medical expenses. The Commission explained that the employer was liabile for all costs associated with Dersch's treatment in the event of a fever regardless of the cause. Because Dersch is immunosuppressed as a result of his splenectomy, he must take immediate and costly measures if he develops even a low-grade fever. The employer is laible for medical expenses incurred as a result of any hospitalizations Dersch must undergo due to fevers over 100.5 degrees regardless of the cause.
