Illinois workers' refusal to obtain treatment for mental disability fails to undermine PTD award
The Illinois Workers' Compensation Commission held that the claimant was permanently totally disabled as a result of
post-traumatic stress disorder and several other mental conditions that developed as a result of a physical attack by a patient.
Case name: Keithley v. Illinois Depart. Of Human Services, 16 ILWCLB 207 (Ill.W.C.Comm. 2008)
Keithley was attacked by a patient, resulting in sirgery for right rotator cuff tear, labral tear, and distal clavicle resection. Keithley was also diagnosed with post-traumatic stress disorder, anxiety, agoraphobia, and panic attacks. Keithely subsequently moved to a remote area in Arkansas because of her agoraphobic symptoms. She began worknig as a Medicare review nurse. Keithley testified that her job duties removed her from contact with patients except for her passage through nursing homes. While in Arkansas, Keithley was walking through a nursing home when an elderly resident innocently reached ou to touch Keithley.
When she made contact, Keithley had a recurrence of her symptoms, which ultimately led to her inability to return back to work. The arbitrator found Keithley's right arm injury warranted a permanent disabilty award for 30 percent loss of use under Section 8(e) of the WCA. The arbitrator further found that Keithley suffered a permanent total disability as a result of her work-related mental disabilities. Keithley's treating psychiatrist opined that Keithley was permanently and totally disabled as a result of PTSD. He futher opined that there was no stable labor market for Keithley.
In addressing the post injury incident with the patient, the arbitrator noted the psychiatrist's testimony that the incident was a minor event and constituted a continuation of the work accident. Therefore, the arbitrator found no break in the causal connection chain between Keithley's accidental injuries and her current condition.
Lastly, the arbitrator rejected Keithley's contention that she was refusing treatment to improve her mental condiiton. The treating and examining psychiatrists testified that Keithley's condition possibly could improve with more intensive psychiatric are. However, the arbitrator found such testimony speculative. Due to the nature of her psychiatric condition, Keithley had to isolate herself from human contact. She testified she was refusing treatment because a fear of contact with other humans. Under the unique facts of this case, the arbitrator found that Keithley's fear was reasonable. Keithley had little or no access to psychiatric care, hod no financial source to pay for such care, and her unique mental disability kept her from all human contact. It was never proven taht such care would improve her condition.
Upon review the Illinois Workers' Compensation Commissiion affirmed and adopted the decision of the arbitrator.
