Illinois maintenance worker's injury to right hand wrist warrants loss of use award
The Illinois Workers' Compensation Commission awarded the claimant permanent disability benefits for 50% loss of use of the righthand as a result of a work injury.
Case name: Imbordino v. Schaumburg, Village of, 19 ILWCLB 151 (Ill.W.C.Comm.2011).
Summary: Imbordino, a maintenance employee for the defendant-village, was repairing buckled concrete with a mud jacker when a rock became lodged in the nozzle of the hose. After he laid the hose on the ground, the rock shot out of the hose and struck his left ankle, knocking him off his feet. He landed on his right arm. X-rays of his right arm showed a distal radial fracture. A cast was applied to the right wrist and forearm. He underwent surgery, which involved an open reduction with internal fixation with multiple screws and a four-inch plate. He took medication for several weeks due to severe pain, and then began physical therapy. He was eventually released to full duty. The arbitrator found Imbordino sustained a five percent loss of use of the left hand and 50 percent loss of use of the right hand as a result of the June 256, 2009 work injury.
In determining the permanency award, the arbitrator noted that Imbordino suffered a two-piece inter-articular distal radial fracture which required internal fixation. During the course of postoperative care and while working modified duty, Imbordino developed numbness and tingling, more prominent on the right than the left, necessitating a splint and injection to the right wrist. The EMG/NCV study confirmed the presence of bilateral carpal tunnel syndrome. Furthermore, the arbitrator found Imbordino credible in describing his arduous employment tasks and the loss of strength, weakness, and numbness in his hands daily since resuming full-duty work. The arbitrator noted Imbordino's daily use of over-the-counter pain medication to alleviate these complaints. Also, the medical records and postoperative x-rays supported the disability assessment.
Upon review, the Illinois Workers' Compensaiton Commission modified the arbitrator's decision by vacating the award of five percent loss of use oft he left hand.
