Durand v. Industrial Commission

831 N.E.2d 665, 358 Ill. App. 3d 239, 294 Ill. Dec. 715, 2005 Ill. App. LEXIS 577
CourtAppellate Court of Illinois
DecidedJune 8, 2005
Docket3-04-0514 WC
StatusPublished
Cited by4 cases

This text of 831 N.E.2d 665 (Durand v. Industrial Commission) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Durand v. Industrial Commission, 831 N.E.2d 665, 358 Ill. App. 3d 239, 294 Ill. Dec. 715, 2005 Ill. App. LEXIS 577 (Ill. Ct. App. 2005).

Opinions

JUSTICE HOFFMAN

delivered the opinion of the court:

The claimant, Deana Durand, appeals from an order of the circuit court of Peoria County confirming a decision of the Industrial Commission (Commission)1 which denied her benefits under the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2000)) on the grounds that her application for adjustment of claim was filed outside of the applicable limitations period. For the reasons that follow, we affirm.

On January 12, 2001, the claimant filed an application for adjustment of claim pursuant to the Act, seeking benefits for repetitive trauma injuries to her wrists and upper extremities arising out of and in the course of her employment with RLI Insurance Company (RLI). In that application, the claimant alleged that September 8, 2000, was the date of her injury. An arbitration hearing was held on May 9, 2002, during which the following facts were established by the testimony presented and exhibits admitted into evidence.

Prior to the arbitration hearing, the claimant had been employed by RLI for approximately 11 years; the last 7 years of which she worked as a policy administrator. As a policy administrator, the claimant spent 172 hours of her workday scanning insurance policies and loading them into her computer. The remaining six hours of her work day were spent entering data into documents using a computer keyboard. According to the claimant, she began experiencing pain in her wrists and fingers “at least three years” prior to the arbitration hearing.

On August 15, 2000, the claimant visited Dr. Lestel Escorcia complaining of pain in her wrists and hands radiating up to her elbows, along with tingling and numbness in her fingers. She reported that she experienced pain “on and off’ for approximately 172 years. The claimant told Dr. Escorcia that she had been operating a keyboard for approximately seven to eight years. Dr. Escorcia diagnosed the claimant’s condition as bilateral hand and wrist pain that was “probably” carpal tunnel syndrome. He prescribed wrist splints and Relaten, and referred the claimant to Dr. Gregory Blume for an EMG.

The claimant saw Dr. Blume on September 8, 2000, and gave a history of bilateral wrist and right elbow pain for two years. On that date, the claimant underwent an EMG/NCV study which revealed mild carpal tunnel syndrome in her right wrist. Dr. Blume opined that the claimant’s symptoms were work-related.

At RLI’s request, the claimant was examined by Dr. Jay Pomerance on November 6, 2000. During that visit, the claimant stated that she had been experiencing symptoms of carpal tunnel syndrome for the prior 18 months. Dr. Pomeranee testified that low force repetitive activities do not cause carpal tunnel syndrome and opined that typing, as well as many manual assembly activities, could be eliminated as causative factors.

On November 29, 2000, the claimant was examined by Dr. David Conner. Dr. Conner recorded a history of the claimant having been engaged in continuous computer entry work during eight-hour shifts and having developed “problems” with both arms six or seven months earlier. He diagnosed the claimant with bilateral carpal tunnel syndrome, secondary to her work activity. On February 12, 2001, the claimant underwent an endoscopic decompression of the right median nerve performed by Dr. Conner.

On August 7, 2001, the claimant was examined by Dr. Robert Martin at the request of her attorney. Dr. Martin opined that the claimant’s work activities were a causative factor in her development of carpal tunnel syndrome, even if she performed keyboard entry work as little as four hours per day. He fixed the manifestation of carpal tunnel syndrome as the date that a person first complains about numbness, tingling, pain or any combination thereof. According to Dr. Martin, once the symptoms of carpal tunnel syndrome manifest themselves, an individual would remain symptomatic if she continued to perform the same duties. He also testified that, if the claimant experienced symptoms in 1997 which she considered to be work-related, then the symptoms could have been a manifestation of carpal tunnel syndrome.

The claimant underwent an endoscopic decompression of the left median nerve on June 4, 2001.

During the course of her testimony at the arbitration hearing, the claimant admitted having a conversation on January 29, 1998, during which she stated that the symptoms in both of her hands started in September or October of 1997 and that she told her supervisor at that time that she believed her condition was work-related. Certain relevant portions of the claimant’s testimony are as follows:

“Q. When you gave your statement on January 29th of 1998 you indicated you were having problems with your wrists and you felt that it was work-related correct?
A. Right.
* * *
Q. And that opinion that you gave, was that your opinion, was that an opinion that had been given to you by your doctor? How did you reach that opinion?
A. It was my opinion, because of the pains I was having.
^ ^
Q. Back in 1997 you told your supervisor that in your mind you were convinced that your condition was work-related; is that correct?
A. Yes.
^ ^
Q. Back in 1997 had any doctor diagnosed you with a condition known as carpel tunnel syndrome?
A. No.
•i»
Q. Did you think you had carpal tunnel then from what you knew?
A. I wasn’t sure because it wasn’t real constant and real severe at the time.
Q. You had heard of carpal tunnel syndrome, though; is that correct?
A. I think I might have heard of it.
Q. And you knew people who had it or had had it?
A.'Yes.
Q. And it was your belief that you had that condition and you felt that it was due to your job duties; is that correct?
A. Yes.”

The claimant testified that she has no hobbies involving intensive hand use and does not use a computer at home.

Following the hearing, the arbitrator found that the claimant sustained a repetitive trauma injury that arose out of and in the course of her duties with RLI. The arbitrator also found that, although the claimant had experienced symptoms of carpal tunnel syndrome well before September 8, 2000, the date on which she underwent an EMG and was “officially” diagnosed with carpal tunnel syndrome, she filed her application for adjustment of claim within the statute of limitations.

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Related

Durand v. Industrial Commission
Illinois Supreme Court, 2006
Durand v. Industrial Commission
831 N.E.2d 665 (Appellate Court of Illinois, 2005)

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Bluebook (online)
831 N.E.2d 665, 358 Ill. App. 3d 239, 294 Ill. Dec. 715, 2005 Ill. App. LEXIS 577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/durand-v-industrial-commission-illappct-2005.