Illinois employee proves wipeout at work caused his current back problems
Ruling: The Illinois Workers' Compensation Commission found the claimant's back condition was causally related to the work accident and that he was entitled to 40-1/7 weeks of temporary total disability benefits, prospective medical treatment, and medical expenses pursuan to the medical fee schedule.
Case name: Ramirez v. Ron's Staffing Service, 19 IlWCLB 126 (Ill.W.C.Comm. 2011).
Summary On July 15, 2009, Ramirez slipped on water and injured his back and right shoulder. The arbitrator found Ramirez reached maximum medical improvement as of Sept 16, 2009, and awarded 5-2/7 weeks of TTD benefits representing a period from Aug 10, 2009 through Sept 16, 2009 and medical expenses pursuant to the fee schedule incurred through Sept 16, 2009. Relying on Ramirez's medical records and his credible testimony, the Illinois Workers' Compensation Commission reversed the arbitrator's decision and found Ramirez's present condition causally realted to the work accident. The Commission further found Ramirez entitled to 40-1/7 weeks of tTD representing a period from Aug. 10, 2009 through May 17, 2010, prospective medical treatment, and medical expenses pursuant to the medical fee schedule.
The Commission found that all the medical records consistently documented Ramirez's complaints of low back pain. His back pain never subsided. The Commission also found that Ramirez's radiating symptoms persisted as well. The only place that treated Ramirez and did not document radiating symptoms was the company clinic. All the other treating providers documented radiating symptoms.
The employer sent Ramirez to two Section 12 examining doctors. While the first examiner indicated in her Section 12 report dated Sept 16, 2009, that Ramirez denied pain radiating down his legs, the second examiner documented it in his report Feb. 11, 2010, that straight leg raising caused posterior thigh discomfort as well as low back pain bilaterally.
He assessed Ramirez with low back pain, occasional radicular symptoms, and subjective findings that outweighed any objective findings. The first examiner diagnosed a back sprain as result of the work accident. The second examiner diagnosed a lumbar sprain or strain. The Illinois Workers' Compensation Commission believed that Ramirez suffered more than a lumbar sprain or strain as a result of the accident and found the opinions of both examiers unpersuasive.
