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Posted On: July 15, 2009 by Donald W. Fohrman

Illinois lineman's leg injury warrants PPD for 55% loss of use of the right leg

The Illinois Workers' Compensation Commission awarded TTD benefits for 25 weeks and $9,059 in medical expenses for the lineman's right leg injury. The Commission also found that he sustained permanent disability under Section 8(e) for the loss of 55% of the right leg, in addition to a previous loss of 20 %, for a total loss of 75% of the right leg.

Case name: Collins v. AT&T, 17 ILWCLB 101 (Ill.W.C.Comm.2009).

Summary: Collins was working as a lineman, doing installation and repair work, whe he fell and twisted his right knee. An MRI showed a tear of the medial meniscus with progression of chondromalcia in the medial knee compartment and a Baker's cyst. He underwent arthroscopic surgery. The postoperative diagnosis included right knee medial meniscal tear and chondromalacia. His symptoms continued after surgery and he underwent a second surgery. Collins reported signifcant pain relief, but there was still mild swelling in the right knee. Range of motion was limited. He was released to full activities and returned to his former job. He restified he notices pain in his rightknee when going up a ladder, standing, walking, getting out of bed in the morning, and getting in and out of his truck. Before his accident, he regularly worked voluntary overtime. Now he only works overtime when it is mandatory. He takes pain medication two to three times a day. Also, his productivity is down because he is working at a slower pace due to his right knee condtiion. When he has to climb a ladder, he does it by stepping up with the left leg and dragging the riight one up. He goes up stairs at home the same way. Collins had a prior work-related injury to his right leg which was settled for 20% loss of use pursuant to Section 8(e) for which the employer is entitled to a credit. Based on the evidence, the arbitrator found Collins sustained the permanent loss of his right leg to the extent of 55% as a result of the work accident. This loss, in addition to his prior loss of 20% of the right leg resulted in a total impairment of the right leg of 75%. Upon review, the Commission affirmed and adopted the decision of the arbitrator.