Illinois assembly worker has compensable claim for twisting injury
The Illinois Workers' Compensation Commission held that a factory worker's injury while tiwsint his body arose out of and in the course of his employment. As a result of his injury the worker was entitled to 20 weeks of temporary total disability benefits.
Case name: Ortiz v. Rail exchange, 17 ILWCLB 50 (Ill.W.C.Comm.2008).
Ortiz made parts for railraod engines. His duties included reaching to his left for a bar, placing it on a press, removing the bar, hammering it three times, and reaching forward over his work table to place the finished bar onto a cart. He would then turn quickly to his left to obtain another bar from the forge operator. He completed this cycle five times per minute. Ortiz explained that he has to turn quickly to keep up with the pace of production.
On Sept 21, 2007, Ortiz twisted quickly to his left to retrieve a new bar when he felt a sharp pain in his low back. He was diagnosed with a left-sided herniated disc. Based on Ortiz's credible testimony, the arbitrator found Ortiz was exposed to a greater risk than that of the general public and awarded benefits. Upon review the Commission affirmed and adopted the arbitrator's decision.
Although twisting and turning are acts to which the general public is exposed, an injury resulting from these acts may be compensable when the employment exposes the employee to a common risk to a greater degree than that to which the general public is exposed. In this case, there is no doubt that Ortiz was performing an act incidental to his employment at the time of the onset of pain. The time and place of the onset of pain is corroborated by the medical records. Furthermore, the requirement that the Ortiz turn his body quickly to the left and then to the right several times per minute exposed him to a greater risk than that to which the general public is exposed.
