Illinois employee's unconvincing medical evidence dooms RSI claim
The Illinois Workers' Compensatio Commission reversed the arbitrator and found that the claimant failed to prove he sustained a compensable repetitive stress injury to his upper extremities. The claimant's evidence was insufficient to establish a causal connection between his work duties and his condition.
Case name: Diepen v. Commonwealth Edison Co., 16 ILWCLB 134 (Ill.W.C.Comm.2008).
Diepen, an electrical specialist for the defendant, was responsible for switching out overhead power lines up to 138,000 volts, emergency restoration of overhead and underground service, operation of overhead and underground lines, and handling complaints by customers. To perform his duties, Diepen, used a "hot stick" which was a 30 foot fiberglass stick used for putting wires back on the pole.
Diepen testified that his job involved a lot of heavy lifitng. He stated that he often used his hands as a lever, as it was easier then reaching in the tool belt to get a wrench or other tool. He developed problems with his upper extremities and sought treatment. He was diagnosed with carpal tunnel syndrome and nerve damage and underwent surgery. The Illinois Workers' Compensation Commission denied benefits, finding that although Diepen's testimony did give some mechanism of injury that could be acceptable in a repetitive trauma claim, there was no medical evidence to support this testimony.
Diepen presented the causation opinion of an orthopedic surgeon. The deposition was taken several years after the accident and the doctor's opinion appeared based on speculation. The Illinois Workers' Compensaiton Commission noted that the doctor was not even aware of the type of work Diepen had performed.
