WCLA MCLE 2-27-13

bull More Appellate Court Cases amp More AMA Cases

bull Wednesday February 27 2013bull 1200 pm to 100 pmbull James R Thompson Center Chicago ILbull 1 Hour General MCLE Credit

Martha Aragon v U of I Hospital00 WC 002595

bull Arbitration Decision 1292009bull DA 10211999bull 54 year old cleanerbull ldquoNoticed pain in her handsrdquobull Dr Gonzalez amp Dr Fernandez diagnosed work-related bilateral carpal

tunnelbull IME Dr Papierski says no causationbull Dr Bittar does bilateral CTR SX ldquoincomplete recoveryrdquobull Job offer Job searchbull ldquoCausally related to an aggravation of her CTS by her work activities over

the years of her servicerdquobull Medical amp TTD awardedbull 25 right hand amp 225 left handbull Cross reviews filed

Martha Aragon v U of I Hospital10 IWCC

bull Commission Decision 5262010bull Commissioner Dauphin ldquoModifies and corrects

the Decision of the Arbitrator as stated below and otherwise affirms and adoptsrdquo Agrees no PTD Affirms medical TTD amp PPD

bull Commissioner Mason Concurring amp Dissenting Affirm causation Would award odd-lot PTD (not bona fide job offer and VE testimony)

bull Commissioner Lindsay Dissenting ldquoI respectfully disagree on the issue of causationrdquo

U of I Hospital v IWCC2012 IL App(1st)113130WC

bull Appellate Court 12212012bull Vacate the judgment of the Circuit Court and remand the cause to the Commission

for entry of a final decision with regard to the claimantrsquos request for Permanent disability benefits

bull Ordered supplemental briefing on the issue of jurisdictionbull Subject matter jurisdiction cannot be waived stipulated to or consented by the

partiesbull Only final determinations of the Commission are appealablehellipif it determines the

litigation on the merits and it is not final if the order leaves disputed matters pending and undecided

bull 19(e) ldquoa decision of the Commission shall be approved by a majority of 3 members of the Commissionrdquo

bull The two Commissioners who found that claimant was entitled to benefits did not agree with regard to a permanency award the third Commissioner found that claimant was not entitled to benefits because of no causation

bull Not final because no 19(e) majority

Linda Dye v Plymouth Tube09WC033325

bull Arbitration Decision 05102010bull DA 1272007bull 53 yo furnace operator struck in head by steel cylinderbull Concussion amp closed head trauma RTW within about 1 week

follow up by Dr Riccabull 2292009 ldquoseparatelyrdquo follow up treatment with Dr Garg ldquono

problemrdquobull 4232010 follow up with Dr Lomax of Soderstrom Dermatology

from Yellow Pages ldquodentrdquo in head recommends ldquofat graftingrdquobull 4302010 At hearing Arbitrator ldquotook noticerdquo of ldquothat

indentationrdquobull Arbitrator denies treatment with Dr Lomax (past and prospective)

as violation of ldquo2 doctor rulerdquo

Linda Dye v Plymouth Tube09WC033325 11 IWCC 0206

bull Commission Decision 2282011bull No dispute regarding causationbull No violation of ldquo2 doctor rulerdquo Accordingly with Drs Amit Garg Ricca and Rakesh

Garg all within the same referral chain Dr Soderstrom becomes Petitioners second physician choice and thus is not outside the 2-doctor rule

bull The Commission also affirms the Arbitrators denial of prospective medical benefits for Petitioners cosmetic surgery Dr Rakesh Garg noted that Petitioners physical exam was unremarkable and even after noting the indentation opined that nothing else needed to be donehellipthere was no major problem with Petitioners right frontal area The facts in this claim do not seem to rise to the level of those in Williams v Village of Bellwood which awarded a claimant compensation for a disfigurement 01 IIC 0857 Accordingly there is no precedent for awarding medical expenses for a procedure such as that prescribed to Petitioner where the evidence is at best unclear as to whether Petitioner has an observable disfigurement

bull Prospective medical denied penalties denied

Martha Aragon v U of I Hospital00 WC 002595

bull Arbitration Decision 1292009bull DA 10211999bull 54 year old cleanerbull ldquoNoticed pain in her handsrdquobull Dr Gonzalez amp Dr Fernandez diagnosed work-related bilateral carpal

tunnelbull IME Dr Papierski says no causationbull Dr Bittar does bilateral CTR SX ldquoincomplete recoveryrdquobull Job offer Job searchbull ldquoCausally related to an aggravation of her CTS by her work activities over

the years of her servicerdquobull Medical amp TTD awardedbull 25 right hand amp 225 left handbull Cross reviews filed

Martha Aragon v U of I Hospital10 IWCC

bull Commission Decision 5262010bull Commissioner Dauphin ldquoModifies and corrects

the Decision of the Arbitrator as stated below and otherwise affirms and adoptsrdquo Agrees no PTD Affirms medical TTD amp PPD

bull Commissioner Mason Concurring amp Dissenting Affirm causation Would award odd-lot PTD (not bona fide job offer and VE testimony)

bull Commissioner Lindsay Dissenting ldquoI respectfully disagree on the issue of causationrdquo

U of I Hospital v IWCC2012 IL App(1st)113130WC

bull Appellate Court 12212012bull Vacate the judgment of the Circuit Court and remand the cause to the Commission

for entry of a final decision with regard to the claimantrsquos request for Permanent disability benefits

bull Ordered supplemental briefing on the issue of jurisdictionbull Subject matter jurisdiction cannot be waived stipulated to or consented by the

partiesbull Only final determinations of the Commission are appealablehellipif it determines the

litigation on the merits and it is not final if the order leaves disputed matters pending and undecided

bull 19(e) ldquoa decision of the Commission shall be approved by a majority of 3 members of the Commissionrdquo

bull The two Commissioners who found that claimant was entitled to benefits did not agree with regard to a permanency award the third Commissioner found that claimant was not entitled to benefits because of no causation

bull Not final because no 19(e) majority

Linda Dye v Plymouth Tube09WC033325

bull Arbitration Decision 05102010bull DA 1272007bull 53 yo furnace operator struck in head by steel cylinderbull Concussion amp closed head trauma RTW within about 1 week

follow up by Dr Riccabull 2292009 ldquoseparatelyrdquo follow up treatment with Dr Garg ldquono

problemrdquobull 4232010 follow up with Dr Lomax of Soderstrom Dermatology

from Yellow Pages ldquodentrdquo in head recommends ldquofat graftingrdquobull 4302010 At hearing Arbitrator ldquotook noticerdquo of ldquothat

indentationrdquobull Arbitrator denies treatment with Dr Lomax (past and prospective)

as violation of ldquo2 doctor rulerdquo

Linda Dye v Plymouth Tube09WC033325 11 IWCC 0206

bull Commission Decision 2282011bull No dispute regarding causationbull No violation of ldquo2 doctor rulerdquo Accordingly with Drs Amit Garg Ricca and Rakesh

Garg all within the same referral chain Dr Soderstrom becomes Petitioners second physician choice and thus is not outside the 2-doctor rule

bull The Commission also affirms the Arbitrators denial of prospective medical benefits for Petitioners cosmetic surgery Dr Rakesh Garg noted that Petitioners physical exam was unremarkable and even after noting the indentation opined that nothing else needed to be donehellipthere was no major problem with Petitioners right frontal area The facts in this claim do not seem to rise to the level of those in Williams v Village of Bellwood which awarded a claimant compensation for a disfigurement 01 IIC 0857 Accordingly there is no precedent for awarding medical expenses for a procedure such as that prescribed to Petitioner where the evidence is at best unclear as to whether Petitioner has an observable disfigurement

bull Prospective medical denied penalties denied

Martha Aragon v U of I Hospital10 IWCC

bull Commission Decision 5262010bull Commissioner Dauphin ldquoModifies and corrects

the Decision of the Arbitrator as stated below and otherwise affirms and adoptsrdquo Agrees no PTD Affirms medical TTD amp PPD

bull Commissioner Mason Concurring amp Dissenting Affirm causation Would award odd-lot PTD (not bona fide job offer and VE testimony)

bull Commissioner Lindsay Dissenting ldquoI respectfully disagree on the issue of causationrdquo

U of I Hospital v IWCC2012 IL App(1st)113130WC

bull Appellate Court 12212012bull Vacate the judgment of the Circuit Court and remand the cause to the Commission

for entry of a final decision with regard to the claimantrsquos request for Permanent disability benefits

bull Ordered supplemental briefing on the issue of jurisdictionbull Subject matter jurisdiction cannot be waived stipulated to or consented by the

partiesbull Only final determinations of the Commission are appealablehellipif it determines the

litigation on the merits and it is not final if the order leaves disputed matters pending and undecided

bull 19(e) ldquoa decision of the Commission shall be approved by a majority of 3 members of the Commissionrdquo

bull The two Commissioners who found that claimant was entitled to benefits did not agree with regard to a permanency award the third Commissioner found that claimant was not entitled to benefits because of no causation

bull Not final because no 19(e) majority

Linda Dye v Plymouth Tube09WC033325

bull Arbitration Decision 05102010bull DA 1272007bull 53 yo furnace operator struck in head by steel cylinderbull Concussion amp closed head trauma RTW within about 1 week

follow up by Dr Riccabull 2292009 ldquoseparatelyrdquo follow up treatment with Dr Garg ldquono

problemrdquobull 4232010 follow up with Dr Lomax of Soderstrom Dermatology

from Yellow Pages ldquodentrdquo in head recommends ldquofat graftingrdquobull 4302010 At hearing Arbitrator ldquotook noticerdquo of ldquothat

indentationrdquobull Arbitrator denies treatment with Dr Lomax (past and prospective)

as violation of ldquo2 doctor rulerdquo

Linda Dye v Plymouth Tube09WC033325 11 IWCC 0206

bull Commission Decision 2282011bull No dispute regarding causationbull No violation of ldquo2 doctor rulerdquo Accordingly with Drs Amit Garg Ricca and Rakesh

Garg all within the same referral chain Dr Soderstrom becomes Petitioners second physician choice and thus is not outside the 2-doctor rule

bull The Commission also affirms the Arbitrators denial of prospective medical benefits for Petitioners cosmetic surgery Dr Rakesh Garg noted that Petitioners physical exam was unremarkable and even after noting the indentation opined that nothing else needed to be donehellipthere was no major problem with Petitioners right frontal area The facts in this claim do not seem to rise to the level of those in Williams v Village of Bellwood which awarded a claimant compensation for a disfigurement 01 IIC 0857 Accordingly there is no precedent for awarding medical expenses for a procedure such as that prescribed to Petitioner where the evidence is at best unclear as to whether Petitioner has an observable disfigurement

bull Prospective medical denied penalties denied

U of I Hospital v IWCC2012 IL App(1st)113130WC

bull Appellate Court 12212012bull Vacate the judgment of the Circuit Court and remand the cause to the Commission

for entry of a final decision with regard to the claimantrsquos request for Permanent disability benefits

bull Ordered supplemental briefing on the issue of jurisdictionbull Subject matter jurisdiction cannot be waived stipulated to or consented by the

partiesbull Only final determinations of the Commission are appealablehellipif it determines the

litigation on the merits and it is not final if the order leaves disputed matters pending and undecided

bull 19(e) ldquoa decision of the Commission shall be approved by a majority of 3 members of the Commissionrdquo

bull The two Commissioners who found that claimant was entitled to benefits did not agree with regard to a permanency award the third Commissioner found that claimant was not entitled to benefits because of no causation

bull Not final because no 19(e) majority

Linda Dye v Plymouth Tube09WC033325

bull Arbitration Decision 05102010bull DA 1272007bull 53 yo furnace operator struck in head by steel cylinderbull Concussion amp closed head trauma RTW within about 1 week

follow up by Dr Riccabull 2292009 ldquoseparatelyrdquo follow up treatment with Dr Garg ldquono

problemrdquobull 4232010 follow up with Dr Lomax of Soderstrom Dermatology

from Yellow Pages ldquodentrdquo in head recommends ldquofat graftingrdquobull 4302010 At hearing Arbitrator ldquotook noticerdquo of ldquothat

indentationrdquobull Arbitrator denies treatment with Dr Lomax (past and prospective)

as violation of ldquo2 doctor rulerdquo

Linda Dye v Plymouth Tube09WC033325 11 IWCC 0206

bull Commission Decision 2282011bull No dispute regarding causationbull No violation of ldquo2 doctor rulerdquo Accordingly with Drs Amit Garg Ricca and Rakesh

Garg all within the same referral chain Dr Soderstrom becomes Petitioners second physician choice and thus is not outside the 2-doctor rule

bull The Commission also affirms the Arbitrators denial of prospective medical benefits for Petitioners cosmetic surgery Dr Rakesh Garg noted that Petitioners physical exam was unremarkable and even after noting the indentation opined that nothing else needed to be donehellipthere was no major problem with Petitioners right frontal area The facts in this claim do not seem to rise to the level of those in Williams v Village of Bellwood which awarded a claimant compensation for a disfigurement 01 IIC 0857 Accordingly there is no precedent for awarding medical expenses for a procedure such as that prescribed to Petitioner where the evidence is at best unclear as to whether Petitioner has an observable disfigurement

bull Prospective medical denied penalties denied

Linda Dye v Plymouth Tube09WC033325

bull Arbitration Decision 05102010bull DA 1272007bull 53 yo furnace operator struck in head by steel cylinderbull Concussion amp closed head trauma RTW within about 1 week

follow up by Dr Riccabull 2292009 ldquoseparatelyrdquo follow up treatment with Dr Garg ldquono

problemrdquobull 4232010 follow up with Dr Lomax of Soderstrom Dermatology

from Yellow Pages ldquodentrdquo in head recommends ldquofat graftingrdquobull 4302010 At hearing Arbitrator ldquotook noticerdquo of ldquothat

indentationrdquobull Arbitrator denies treatment with Dr Lomax (past and prospective)

as violation of ldquo2 doctor rulerdquo

Linda Dye v Plymouth Tube09WC033325 11 IWCC 0206

bull Commission Decision 2282011bull No dispute regarding causationbull No violation of ldquo2 doctor rulerdquo Accordingly with Drs Amit Garg Ricca and Rakesh

Garg all within the same referral chain Dr Soderstrom becomes Petitioners second physician choice and thus is not outside the 2-doctor rule

bull The Commission also affirms the Arbitrators denial of prospective medical benefits for Petitioners cosmetic surgery Dr Rakesh Garg noted that Petitioners physical exam was unremarkable and even after noting the indentation opined that nothing else needed to be donehellipthere was no major problem with Petitioners right frontal area The facts in this claim do not seem to rise to the level of those in Williams v Village of Bellwood which awarded a claimant compensation for a disfigurement 01 IIC 0857 Accordingly there is no precedent for awarding medical expenses for a procedure such as that prescribed to Petitioner where the evidence is at best unclear as to whether Petitioner has an observable disfigurement

bull Prospective medical denied penalties denied

Linda Dye v Plymouth Tube09WC033325 11 IWCC 0206

bull Commission Decision 2282011bull No dispute regarding causationbull No violation of ldquo2 doctor rulerdquo Accordingly with Drs Amit Garg Ricca and Rakesh

Garg all within the same referral chain Dr Soderstrom becomes Petitioners second physician choice and thus is not outside the 2-doctor rule

bull The Commission also affirms the Arbitrators denial of prospective medical benefits for Petitioners cosmetic surgery Dr Rakesh Garg noted that Petitioners physical exam was unremarkable and even after noting the indentation opined that nothing else needed to be donehellipthere was no major problem with Petitioners right frontal area The facts in this claim do not seem to rise to the level of those in Williams v Village of Bellwood which awarded a claimant compensation for a disfigurement 01 IIC 0857 Accordingly there is no precedent for awarding medical expenses for a procedure such as that prescribed to Petitioner where the evidence is at best unclear as to whether Petitioner has an observable disfigurement

bull Prospective medical denied penalties denied

Dye v IWCC2012 IL App (3d) 110907WC

bull Confirmed by LaSalle County Circuit Courtbull Appellate Court Decision 12312012 reverse in part (prospective

medical) affirm in part (denial of penalties)bull 8(a) ldquoincurredhellipeven if they have not been performed or paid forrdquobull Commission Decision against the manifest weight of the evidencebull Petitioner suffered a disfigurement as defined by the Supreme

Court in Superior Mining 309 Ill 339 (1923)bull Observable to the naked eyebull Different standard of severity for 8(a) medical and 8(c)

permanencybull Affirm denial of penalties under manifest weightbull Dissent ldquoSimply showed it (dent) to the Arbitratorrdquo No photos are

a ldquored flagrdquo maybe Arbitrator was being sarcastic

820 ILCS 30581b Determination of Permanent Partial Disability

For accidental injuries that occur on or after September 1 2011 permanent partial disability shall be established using the following criteria

(a) A physician licensed to practice medicine in all of its branches preparing a permanent partial disability impairment report shall report the level of impairment in writing The report shall include an evaluation of medically defined and professionally appropriate measurements of impairment that include but are not limited to loss of range of motion loss of strength measured atrophy of tissue mass consistent with the injury and any other measurements that establish the nature and extent of the impairment The most current edition of the American Medical Associations Guides to the Evaluation of Permanent Impairment shall be used by the physician in determining the level of impairment

(b) In determining the level of permanent partial disability the Commission shall base its determination on the following factors (i) the reported level of impairment pursuant to subsection (a) (ii) the occupation of the injured employee (iii) the age of the employee at the time of the injury (iv) the employees future earning capacity and (v) evidence of disability corroborated by the treating medical records No single enumerated factor shall be the sole determinant of disability In determining the level of disability the relevance and weight of any factors used in addition to the level of impairment as reported by the physician must be explained in a written order

Basic AMA Guides Analysisbull Maximum Medical Improvementbull Determine Diagnosis (DBI) amp Class (CDX) (0-4)bull Default Impairment is middle in array of 5 in CDXbull Adjust Default by Net Adjustment for Grade Modifiers (GM)

ndash Functional History (FH) (0-4)ndash Physical Examination (PE) (0-4)ndash Clinical Studies (CS) (0-4)

bull Net Adjustment for each GM is GM minus CDX bull Move Default Impairment to left or right based on Net Adjustment

Formula (eg -2 net adjustment moves 2 spaces to left)bull Never leave the CDX (eg +4 does not go into next CDX)bull Combine Impairments if necessary

Terry Wadkins v Pinckneyville Correctional Center12WC02866

Commission Affirms Award with NO AMA Guidesbull Date of arbitration 06122012bull Date of Accident 12172011bull 54 year old Correctional Officerbull Tendonosis with underlying moderate AC joint osteoarthritisbull ldquoSection 81(b) of the Act states that five factors must be considered in

determining the extent of permanent partial disability for accidents occurring on or after September 1 2011rdquo

bull ldquoHere there was no physicians report using the AMA Guides offered into evidencerdquo

bull Analysis of treating records and full duty release but subsequently retiredbull ldquoThe Arbitrator believes the positive findings reported by Dr Choi

including the MRI provide a basis for an awardrdquobull 2 loss of person as a whole awardedbull 8-22-12 Cross Reviews filedbull 1-31-13 Unanimous Commission Affirms amp Adopts

AMA Guides Commission Decisions

bull Frederick Williams v Flexible Staffing Inc 11WC046390bull Zachary Johnson v Central Transport 11WC041328bull Jeffrey Garwood v Lake Land College 12WC004194bull Shawn Dorris v Continental Tire 11WC046624bull Michael Arscott v Con-Way Freight 12WC003876bull Robert Riley v Con-Way Freight 12WC011083bull Curtis Oltman v Continental Tire 12WC011777bull Timothy Brown v Con-Way Freight 12WC004657bull Martha Mansfield v Ball Chatham CSD 12WC014648

Frederick Williams v Flexible Staffing11WC046390

Factsbull DA 10-7-11bull 45 year old welder grabs for 400 lb railbull Right istal biceps tendon rupturebull Dr Aribindi performs surgerybull RTW full duty despite complaints no jobbull Dr Mark Levin does AMA impairment rating 6

UEI 4 WPI bull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (factors i-v)

Frederick Williams v Flexible Staffing11WC046390

Factor (i) Reported Level of Impairmentbull Dr Levinrsquos report admitted identifies himself as CEDIR (AADEP certification)bull 6 UEI and ldquodisabilityrdquo of WP 4bull ldquoImpairment does not equate to PPDrdquobull ldquoDoes not include loss of range of motionrdquo or ldquoother measurementsrdquo (see 81b(a))bull DX Elbow Regional Grid Table 15-4 pg 399 CDX 1 Distal biceps tendon rupture Residual loss of

strength functional with normal motion default position C is 5 UEI (34567)bull Physical Exam PE grade modifier 2 because ldquomoderate problemrdquo (Table 15-8 pg 408 range of

motion moderate decrease 12-23 UEI) Arbitrator notes ldquomoderate problemrdquobull Clinical Studies CS grade modifier NA because ldquodiagnosis was biceps tendon rupturerdquo probably

meant ldquoIf a finding is used for placement of a diagnosis within a specific class in a DBI grid that same finding cannot be used as a grade modifierrdquo section 153c pg407 Arbitrator says ldquosurgical report could have been used in this wayrdquo (Table 15-9 pg 410 GMCS =2)

bull Table 2-1 Fundamental Principles of the Guides pg20 12 ldquoIf the Guides provides more than one method to rate a particular impairment or condition the method producing the higher rating must be usedrdquo

bull Functional History FH grade modifier 1 because Quick DASH score 23 Arbitrator notes that it is not included so she cannot ldquoreview his findingsrdquo (Table 15-7 pg 406)

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + NA + (1-1) = 1 + NA + 0 = NetAdjustment +1

bull Move one space to right from default C 5 = 6 UEI x 60 = 4WPI (Table 15-11 pg 420)

Frederick Williams v Flexible Staffing11WC046390

Factors (ii) through (iv)bull Factor (ii) Occupation of the injured employeebull ldquoArbitrator takes judicial notice to be medium to heavy

workrdquo therefore ldquoPPD will be larger than individual who performs lighter workrdquo

bull Factor (iii) Age of Employee at the Time of Injurybull 44 yo ldquosomewhat younger individualrdquo therefore ldquoPPD

more extensive than that of an older individual because he will have to live with PPD longerrdquo

bull Factor (iv) Employeersquos Future Earning Capacitybull ldquoAppears to be undiminishedhellipreturned to full-time

dutieshelliptold he no longer had a jobhellipmay negatively affect Petitionerrsquos future earning capacityrdquo

Frederick Williams v Flexible Staffing11WC046390

Factor (v) Evidence of Disabilitybull Demonstrated evidence of disability corroborated by his

treating medical recordsbull Credibly testifiedbull Pain numbness tingling and loss of range of motionbull Corroborated by treating medical records of Dr Aribindibull Corroborated by ldquodiagnosis necessity of surgery course of

treatmentrdquobull ldquoLast visitrdquo loss of range of motionbull ldquoEvidences a disability as indicated by commission

decisions regarded as precedent pursuant to section 19(e)rdquo

Frederick Williams v Flexible Staffing11WC046390

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 30

loss of use of the right armbull Status Respondent filed Petition for Review

12-6-12 ROR 3-15-13

Zachary Johnson v Central Transport11WC041328

Factsbull DA 10-17-11bull 28 year old truck driver door falls on right handbull Right small finger metacarpal neck fracture with

angulationbull Treated conservatively with splint by company clinic

RTW full duty for Respondentbull IME Dr Cohenbull Dr Vender does AMA impairment rating 7 ldquoindexrdquo

finger =1 hand=1 UEIbull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (Factors i-v)

Zachary Johnson v Central Transport11WC041328

Factor (i) Reported Level of Impairment

bull Dr Venderrsquos report admitted no certification identifiedbull ldquoNo evidence or argument rebutting Dr Venderrsquos ratingrdquo (unlike Williams)bull DX Metacarpal FX Table 15-2 pg ldquo391rdquo (sic pg 393) CDX 1 Proximal phalanx

middle phalanx metacarpal residual symptoms consistent objective findings andor functional loss with normal motion default position c is 6 digit (45678)

bull Physical Exam PE grade modifier 2 because moderate alignment deformity present 35 degree apex dorsal angualtion Table 15-8 pg 408

bull Clinical Studies CS grade modifier 0 because no evidence of arthritis on xray table 15-9 pg 410 (but why not GM 1)

bull Functional History FH grade modifier 2 because Quick Dash = 50 Table 15-7 pg 406 moderate problem

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + (0-1) + (2-1) = 1 + (-1) + 1 = Net Adjustment +1

bull (GMCS 0 hurts more than NA in Wiiliams)bull Move one space to right from default C 6 = 7 digit x 10 = 1 hand x 90 =

1 UEI x 60 = 0 WPI (Table 15-12 pg 421)

Zachary Johnson v Central Transport11WC041328

Factors (ii) through (iv)bull Factor (ii) Occupation of the Injured Employeebull ldquoContinues to be employed as truck driverrdquo (no

analysis of type of job like Williams)bull Factor (iii) Age of Employee at the Time Injurybull 28 yo ldquoyounger individualrdquo and PPD ldquomay not be more

extensive than that of an older individualrdquo (Williams was ldquosomewhat youngerrdquo)

bull Factor (iv) Employeersquos Future earning Capacitybull ldquoNo evidence that future earning capacity has

diminishedhellipage increases liklihood of long career as truck driverrdquo (offered job by Respondent unlike Williams)

Zachary Johnson v Central Transport11WC041328

Factor (v) Evidence of Disabilitybull Petitionerrsquos treating medical records finds that

FX with angulations was treated conservatively and healed

bull References to Drs Cohen amp Vender (treating medical records)

bull Only 8 weeks before RTW full dutybull ldquoArbitrator also finds persuasive Commission

decisionshellipminimal PPD award is appropriaterdquo (nod to section 19(e) like in Williams)

Zachary Johnson v Central Transport11WC041328

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 10

loss of use of the right handbull Status 9-20-12 Settlement contract approved

(85 hand)

Jeffrey Garwood v Lake Land College12WC004194

bull DA 9-12-11bull 54 yo vocational computer instructorbull Left knee arthroscopy medial amp lateral meniscus tears (debrided) amp

chondromalacia (chondroplasy amp synovectomy)bull ldquoPetitioner was examined by Dr Joseph T Monaco at Respondentrsquos

request on August 3 2012hellipprovided an impairment ratingrdquobull (i) 8 impairment of lower extremity (Closely deposed ldquoThe Arbitrator

notes these concessions by Dr Monacordquo)bull (ii) Now instructor in construction occupationsbull (iii) No evidence as to impact of agebull (iv) Could be issues with accommodations if he were to lose jobbull (v) Credible testimony as to pain and stiffness corroborated by diagnoses

and need for surgery objectively corroborated by IMEbull Award 20 loss of use of the left legbull Status Respondent filed Petition for Review 1-25-13 ROR 3-29-13

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

820 ILCS 30581b Determination of Permanent Partial Disability

For accidental injuries that occur on or after September 1 2011 permanent partial disability shall be established using the following criteria

(a) A physician licensed to practice medicine in all of its branches preparing a permanent partial disability impairment report shall report the level of impairment in writing The report shall include an evaluation of medically defined and professionally appropriate measurements of impairment that include but are not limited to loss of range of motion loss of strength measured atrophy of tissue mass consistent with the injury and any other measurements that establish the nature and extent of the impairment The most current edition of the American Medical Associations Guides to the Evaluation of Permanent Impairment shall be used by the physician in determining the level of impairment

(b) In determining the level of permanent partial disability the Commission shall base its determination on the following factors (i) the reported level of impairment pursuant to subsection (a) (ii) the occupation of the injured employee (iii) the age of the employee at the time of the injury (iv) the employees future earning capacity and (v) evidence of disability corroborated by the treating medical records No single enumerated factor shall be the sole determinant of disability In determining the level of disability the relevance and weight of any factors used in addition to the level of impairment as reported by the physician must be explained in a written order

Basic AMA Guides Analysisbull Maximum Medical Improvementbull Determine Diagnosis (DBI) amp Class (CDX) (0-4)bull Default Impairment is middle in array of 5 in CDXbull Adjust Default by Net Adjustment for Grade Modifiers (GM)

ndash Functional History (FH) (0-4)ndash Physical Examination (PE) (0-4)ndash Clinical Studies (CS) (0-4)

bull Net Adjustment for each GM is GM minus CDX bull Move Default Impairment to left or right based on Net Adjustment

Formula (eg -2 net adjustment moves 2 spaces to left)bull Never leave the CDX (eg +4 does not go into next CDX)bull Combine Impairments if necessary

Terry Wadkins v Pinckneyville Correctional Center12WC02866

Commission Affirms Award with NO AMA Guidesbull Date of arbitration 06122012bull Date of Accident 12172011bull 54 year old Correctional Officerbull Tendonosis with underlying moderate AC joint osteoarthritisbull ldquoSection 81(b) of the Act states that five factors must be considered in

determining the extent of permanent partial disability for accidents occurring on or after September 1 2011rdquo

bull ldquoHere there was no physicians report using the AMA Guides offered into evidencerdquo

bull Analysis of treating records and full duty release but subsequently retiredbull ldquoThe Arbitrator believes the positive findings reported by Dr Choi

including the MRI provide a basis for an awardrdquobull 2 loss of person as a whole awardedbull 8-22-12 Cross Reviews filedbull 1-31-13 Unanimous Commission Affirms amp Adopts

AMA Guides Commission Decisions

bull Frederick Williams v Flexible Staffing Inc 11WC046390bull Zachary Johnson v Central Transport 11WC041328bull Jeffrey Garwood v Lake Land College 12WC004194bull Shawn Dorris v Continental Tire 11WC046624bull Michael Arscott v Con-Way Freight 12WC003876bull Robert Riley v Con-Way Freight 12WC011083bull Curtis Oltman v Continental Tire 12WC011777bull Timothy Brown v Con-Way Freight 12WC004657bull Martha Mansfield v Ball Chatham CSD 12WC014648

Frederick Williams v Flexible Staffing11WC046390

Factsbull DA 10-7-11bull 45 year old welder grabs for 400 lb railbull Right istal biceps tendon rupturebull Dr Aribindi performs surgerybull RTW full duty despite complaints no jobbull Dr Mark Levin does AMA impairment rating 6

UEI 4 WPI bull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (factors i-v)

Frederick Williams v Flexible Staffing11WC046390

Factor (i) Reported Level of Impairmentbull Dr Levinrsquos report admitted identifies himself as CEDIR (AADEP certification)bull 6 UEI and ldquodisabilityrdquo of WP 4bull ldquoImpairment does not equate to PPDrdquobull ldquoDoes not include loss of range of motionrdquo or ldquoother measurementsrdquo (see 81b(a))bull DX Elbow Regional Grid Table 15-4 pg 399 CDX 1 Distal biceps tendon rupture Residual loss of

strength functional with normal motion default position C is 5 UEI (34567)bull Physical Exam PE grade modifier 2 because ldquomoderate problemrdquo (Table 15-8 pg 408 range of

motion moderate decrease 12-23 UEI) Arbitrator notes ldquomoderate problemrdquobull Clinical Studies CS grade modifier NA because ldquodiagnosis was biceps tendon rupturerdquo probably

meant ldquoIf a finding is used for placement of a diagnosis within a specific class in a DBI grid that same finding cannot be used as a grade modifierrdquo section 153c pg407 Arbitrator says ldquosurgical report could have been used in this wayrdquo (Table 15-9 pg 410 GMCS =2)

bull Table 2-1 Fundamental Principles of the Guides pg20 12 ldquoIf the Guides provides more than one method to rate a particular impairment or condition the method producing the higher rating must be usedrdquo

bull Functional History FH grade modifier 1 because Quick DASH score 23 Arbitrator notes that it is not included so she cannot ldquoreview his findingsrdquo (Table 15-7 pg 406)

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + NA + (1-1) = 1 + NA + 0 = NetAdjustment +1

bull Move one space to right from default C 5 = 6 UEI x 60 = 4WPI (Table 15-11 pg 420)

Frederick Williams v Flexible Staffing11WC046390

Factors (ii) through (iv)bull Factor (ii) Occupation of the injured employeebull ldquoArbitrator takes judicial notice to be medium to heavy

workrdquo therefore ldquoPPD will be larger than individual who performs lighter workrdquo

bull Factor (iii) Age of Employee at the Time of Injurybull 44 yo ldquosomewhat younger individualrdquo therefore ldquoPPD

more extensive than that of an older individual because he will have to live with PPD longerrdquo

bull Factor (iv) Employeersquos Future Earning Capacitybull ldquoAppears to be undiminishedhellipreturned to full-time

dutieshelliptold he no longer had a jobhellipmay negatively affect Petitionerrsquos future earning capacityrdquo

Frederick Williams v Flexible Staffing11WC046390

Factor (v) Evidence of Disabilitybull Demonstrated evidence of disability corroborated by his

treating medical recordsbull Credibly testifiedbull Pain numbness tingling and loss of range of motionbull Corroborated by treating medical records of Dr Aribindibull Corroborated by ldquodiagnosis necessity of surgery course of

treatmentrdquobull ldquoLast visitrdquo loss of range of motionbull ldquoEvidences a disability as indicated by commission

decisions regarded as precedent pursuant to section 19(e)rdquo

Frederick Williams v Flexible Staffing11WC046390

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 30

loss of use of the right armbull Status Respondent filed Petition for Review

12-6-12 ROR 3-15-13

Zachary Johnson v Central Transport11WC041328

Factsbull DA 10-17-11bull 28 year old truck driver door falls on right handbull Right small finger metacarpal neck fracture with

angulationbull Treated conservatively with splint by company clinic

RTW full duty for Respondentbull IME Dr Cohenbull Dr Vender does AMA impairment rating 7 ldquoindexrdquo

finger =1 hand=1 UEIbull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (Factors i-v)

Zachary Johnson v Central Transport11WC041328

Factor (i) Reported Level of Impairment

bull Dr Venderrsquos report admitted no certification identifiedbull ldquoNo evidence or argument rebutting Dr Venderrsquos ratingrdquo (unlike Williams)bull DX Metacarpal FX Table 15-2 pg ldquo391rdquo (sic pg 393) CDX 1 Proximal phalanx

middle phalanx metacarpal residual symptoms consistent objective findings andor functional loss with normal motion default position c is 6 digit (45678)

bull Physical Exam PE grade modifier 2 because moderate alignment deformity present 35 degree apex dorsal angualtion Table 15-8 pg 408

bull Clinical Studies CS grade modifier 0 because no evidence of arthritis on xray table 15-9 pg 410 (but why not GM 1)

bull Functional History FH grade modifier 2 because Quick Dash = 50 Table 15-7 pg 406 moderate problem

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + (0-1) + (2-1) = 1 + (-1) + 1 = Net Adjustment +1

bull (GMCS 0 hurts more than NA in Wiiliams)bull Move one space to right from default C 6 = 7 digit x 10 = 1 hand x 90 =

1 UEI x 60 = 0 WPI (Table 15-12 pg 421)

Zachary Johnson v Central Transport11WC041328

Factors (ii) through (iv)bull Factor (ii) Occupation of the Injured Employeebull ldquoContinues to be employed as truck driverrdquo (no

analysis of type of job like Williams)bull Factor (iii) Age of Employee at the Time Injurybull 28 yo ldquoyounger individualrdquo and PPD ldquomay not be more

extensive than that of an older individualrdquo (Williams was ldquosomewhat youngerrdquo)

bull Factor (iv) Employeersquos Future earning Capacitybull ldquoNo evidence that future earning capacity has

diminishedhellipage increases liklihood of long career as truck driverrdquo (offered job by Respondent unlike Williams)

Zachary Johnson v Central Transport11WC041328

Factor (v) Evidence of Disabilitybull Petitionerrsquos treating medical records finds that

FX with angulations was treated conservatively and healed

bull References to Drs Cohen amp Vender (treating medical records)

bull Only 8 weeks before RTW full dutybull ldquoArbitrator also finds persuasive Commission

decisionshellipminimal PPD award is appropriaterdquo (nod to section 19(e) like in Williams)

Zachary Johnson v Central Transport11WC041328

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 10

loss of use of the right handbull Status 9-20-12 Settlement contract approved

(85 hand)

Jeffrey Garwood v Lake Land College12WC004194

bull DA 9-12-11bull 54 yo vocational computer instructorbull Left knee arthroscopy medial amp lateral meniscus tears (debrided) amp

chondromalacia (chondroplasy amp synovectomy)bull ldquoPetitioner was examined by Dr Joseph T Monaco at Respondentrsquos

request on August 3 2012hellipprovided an impairment ratingrdquobull (i) 8 impairment of lower extremity (Closely deposed ldquoThe Arbitrator

notes these concessions by Dr Monacordquo)bull (ii) Now instructor in construction occupationsbull (iii) No evidence as to impact of agebull (iv) Could be issues with accommodations if he were to lose jobbull (v) Credible testimony as to pain and stiffness corroborated by diagnoses

and need for surgery objectively corroborated by IMEbull Award 20 loss of use of the left legbull Status Respondent filed Petition for Review 1-25-13 ROR 3-29-13

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Basic AMA Guides Analysisbull Maximum Medical Improvementbull Determine Diagnosis (DBI) amp Class (CDX) (0-4)bull Default Impairment is middle in array of 5 in CDXbull Adjust Default by Net Adjustment for Grade Modifiers (GM)

ndash Functional History (FH) (0-4)ndash Physical Examination (PE) (0-4)ndash Clinical Studies (CS) (0-4)

bull Net Adjustment for each GM is GM minus CDX bull Move Default Impairment to left or right based on Net Adjustment

Formula (eg -2 net adjustment moves 2 spaces to left)bull Never leave the CDX (eg +4 does not go into next CDX)bull Combine Impairments if necessary

Terry Wadkins v Pinckneyville Correctional Center12WC02866

Commission Affirms Award with NO AMA Guidesbull Date of arbitration 06122012bull Date of Accident 12172011bull 54 year old Correctional Officerbull Tendonosis with underlying moderate AC joint osteoarthritisbull ldquoSection 81(b) of the Act states that five factors must be considered in

determining the extent of permanent partial disability for accidents occurring on or after September 1 2011rdquo

bull ldquoHere there was no physicians report using the AMA Guides offered into evidencerdquo

bull Analysis of treating records and full duty release but subsequently retiredbull ldquoThe Arbitrator believes the positive findings reported by Dr Choi

including the MRI provide a basis for an awardrdquobull 2 loss of person as a whole awardedbull 8-22-12 Cross Reviews filedbull 1-31-13 Unanimous Commission Affirms amp Adopts

AMA Guides Commission Decisions

bull Frederick Williams v Flexible Staffing Inc 11WC046390bull Zachary Johnson v Central Transport 11WC041328bull Jeffrey Garwood v Lake Land College 12WC004194bull Shawn Dorris v Continental Tire 11WC046624bull Michael Arscott v Con-Way Freight 12WC003876bull Robert Riley v Con-Way Freight 12WC011083bull Curtis Oltman v Continental Tire 12WC011777bull Timothy Brown v Con-Way Freight 12WC004657bull Martha Mansfield v Ball Chatham CSD 12WC014648

Frederick Williams v Flexible Staffing11WC046390

Factsbull DA 10-7-11bull 45 year old welder grabs for 400 lb railbull Right istal biceps tendon rupturebull Dr Aribindi performs surgerybull RTW full duty despite complaints no jobbull Dr Mark Levin does AMA impairment rating 6

UEI 4 WPI bull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (factors i-v)

Frederick Williams v Flexible Staffing11WC046390

Factor (i) Reported Level of Impairmentbull Dr Levinrsquos report admitted identifies himself as CEDIR (AADEP certification)bull 6 UEI and ldquodisabilityrdquo of WP 4bull ldquoImpairment does not equate to PPDrdquobull ldquoDoes not include loss of range of motionrdquo or ldquoother measurementsrdquo (see 81b(a))bull DX Elbow Regional Grid Table 15-4 pg 399 CDX 1 Distal biceps tendon rupture Residual loss of

strength functional with normal motion default position C is 5 UEI (34567)bull Physical Exam PE grade modifier 2 because ldquomoderate problemrdquo (Table 15-8 pg 408 range of

motion moderate decrease 12-23 UEI) Arbitrator notes ldquomoderate problemrdquobull Clinical Studies CS grade modifier NA because ldquodiagnosis was biceps tendon rupturerdquo probably

meant ldquoIf a finding is used for placement of a diagnosis within a specific class in a DBI grid that same finding cannot be used as a grade modifierrdquo section 153c pg407 Arbitrator says ldquosurgical report could have been used in this wayrdquo (Table 15-9 pg 410 GMCS =2)

bull Table 2-1 Fundamental Principles of the Guides pg20 12 ldquoIf the Guides provides more than one method to rate a particular impairment or condition the method producing the higher rating must be usedrdquo

bull Functional History FH grade modifier 1 because Quick DASH score 23 Arbitrator notes that it is not included so she cannot ldquoreview his findingsrdquo (Table 15-7 pg 406)

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + NA + (1-1) = 1 + NA + 0 = NetAdjustment +1

bull Move one space to right from default C 5 = 6 UEI x 60 = 4WPI (Table 15-11 pg 420)

Frederick Williams v Flexible Staffing11WC046390

Factors (ii) through (iv)bull Factor (ii) Occupation of the injured employeebull ldquoArbitrator takes judicial notice to be medium to heavy

workrdquo therefore ldquoPPD will be larger than individual who performs lighter workrdquo

bull Factor (iii) Age of Employee at the Time of Injurybull 44 yo ldquosomewhat younger individualrdquo therefore ldquoPPD

more extensive than that of an older individual because he will have to live with PPD longerrdquo

bull Factor (iv) Employeersquos Future Earning Capacitybull ldquoAppears to be undiminishedhellipreturned to full-time

dutieshelliptold he no longer had a jobhellipmay negatively affect Petitionerrsquos future earning capacityrdquo

Frederick Williams v Flexible Staffing11WC046390

Factor (v) Evidence of Disabilitybull Demonstrated evidence of disability corroborated by his

treating medical recordsbull Credibly testifiedbull Pain numbness tingling and loss of range of motionbull Corroborated by treating medical records of Dr Aribindibull Corroborated by ldquodiagnosis necessity of surgery course of

treatmentrdquobull ldquoLast visitrdquo loss of range of motionbull ldquoEvidences a disability as indicated by commission

decisions regarded as precedent pursuant to section 19(e)rdquo

Frederick Williams v Flexible Staffing11WC046390

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 30

loss of use of the right armbull Status Respondent filed Petition for Review

12-6-12 ROR 3-15-13

Zachary Johnson v Central Transport11WC041328

Factsbull DA 10-17-11bull 28 year old truck driver door falls on right handbull Right small finger metacarpal neck fracture with

angulationbull Treated conservatively with splint by company clinic

RTW full duty for Respondentbull IME Dr Cohenbull Dr Vender does AMA impairment rating 7 ldquoindexrdquo

finger =1 hand=1 UEIbull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (Factors i-v)

Zachary Johnson v Central Transport11WC041328

Factor (i) Reported Level of Impairment

bull Dr Venderrsquos report admitted no certification identifiedbull ldquoNo evidence or argument rebutting Dr Venderrsquos ratingrdquo (unlike Williams)bull DX Metacarpal FX Table 15-2 pg ldquo391rdquo (sic pg 393) CDX 1 Proximal phalanx

middle phalanx metacarpal residual symptoms consistent objective findings andor functional loss with normal motion default position c is 6 digit (45678)

bull Physical Exam PE grade modifier 2 because moderate alignment deformity present 35 degree apex dorsal angualtion Table 15-8 pg 408

bull Clinical Studies CS grade modifier 0 because no evidence of arthritis on xray table 15-9 pg 410 (but why not GM 1)

bull Functional History FH grade modifier 2 because Quick Dash = 50 Table 15-7 pg 406 moderate problem

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + (0-1) + (2-1) = 1 + (-1) + 1 = Net Adjustment +1

bull (GMCS 0 hurts more than NA in Wiiliams)bull Move one space to right from default C 6 = 7 digit x 10 = 1 hand x 90 =

1 UEI x 60 = 0 WPI (Table 15-12 pg 421)

Zachary Johnson v Central Transport11WC041328

Factors (ii) through (iv)bull Factor (ii) Occupation of the Injured Employeebull ldquoContinues to be employed as truck driverrdquo (no

analysis of type of job like Williams)bull Factor (iii) Age of Employee at the Time Injurybull 28 yo ldquoyounger individualrdquo and PPD ldquomay not be more

extensive than that of an older individualrdquo (Williams was ldquosomewhat youngerrdquo)

bull Factor (iv) Employeersquos Future earning Capacitybull ldquoNo evidence that future earning capacity has

diminishedhellipage increases liklihood of long career as truck driverrdquo (offered job by Respondent unlike Williams)

Zachary Johnson v Central Transport11WC041328

Factor (v) Evidence of Disabilitybull Petitionerrsquos treating medical records finds that

FX with angulations was treated conservatively and healed

bull References to Drs Cohen amp Vender (treating medical records)

bull Only 8 weeks before RTW full dutybull ldquoArbitrator also finds persuasive Commission

decisionshellipminimal PPD award is appropriaterdquo (nod to section 19(e) like in Williams)

Zachary Johnson v Central Transport11WC041328

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 10

loss of use of the right handbull Status 9-20-12 Settlement contract approved

(85 hand)

Jeffrey Garwood v Lake Land College12WC004194

bull DA 9-12-11bull 54 yo vocational computer instructorbull Left knee arthroscopy medial amp lateral meniscus tears (debrided) amp

chondromalacia (chondroplasy amp synovectomy)bull ldquoPetitioner was examined by Dr Joseph T Monaco at Respondentrsquos

request on August 3 2012hellipprovided an impairment ratingrdquobull (i) 8 impairment of lower extremity (Closely deposed ldquoThe Arbitrator

notes these concessions by Dr Monacordquo)bull (ii) Now instructor in construction occupationsbull (iii) No evidence as to impact of agebull (iv) Could be issues with accommodations if he were to lose jobbull (v) Credible testimony as to pain and stiffness corroborated by diagnoses

and need for surgery objectively corroborated by IMEbull Award 20 loss of use of the left legbull Status Respondent filed Petition for Review 1-25-13 ROR 3-29-13

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Terry Wadkins v Pinckneyville Correctional Center12WC02866

Commission Affirms Award with NO AMA Guidesbull Date of arbitration 06122012bull Date of Accident 12172011bull 54 year old Correctional Officerbull Tendonosis with underlying moderate AC joint osteoarthritisbull ldquoSection 81(b) of the Act states that five factors must be considered in

determining the extent of permanent partial disability for accidents occurring on or after September 1 2011rdquo

bull ldquoHere there was no physicians report using the AMA Guides offered into evidencerdquo

bull Analysis of treating records and full duty release but subsequently retiredbull ldquoThe Arbitrator believes the positive findings reported by Dr Choi

including the MRI provide a basis for an awardrdquobull 2 loss of person as a whole awardedbull 8-22-12 Cross Reviews filedbull 1-31-13 Unanimous Commission Affirms amp Adopts

AMA Guides Commission Decisions

bull Frederick Williams v Flexible Staffing Inc 11WC046390bull Zachary Johnson v Central Transport 11WC041328bull Jeffrey Garwood v Lake Land College 12WC004194bull Shawn Dorris v Continental Tire 11WC046624bull Michael Arscott v Con-Way Freight 12WC003876bull Robert Riley v Con-Way Freight 12WC011083bull Curtis Oltman v Continental Tire 12WC011777bull Timothy Brown v Con-Way Freight 12WC004657bull Martha Mansfield v Ball Chatham CSD 12WC014648

Frederick Williams v Flexible Staffing11WC046390

Factsbull DA 10-7-11bull 45 year old welder grabs for 400 lb railbull Right istal biceps tendon rupturebull Dr Aribindi performs surgerybull RTW full duty despite complaints no jobbull Dr Mark Levin does AMA impairment rating 6

UEI 4 WPI bull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (factors i-v)

Frederick Williams v Flexible Staffing11WC046390

Factor (i) Reported Level of Impairmentbull Dr Levinrsquos report admitted identifies himself as CEDIR (AADEP certification)bull 6 UEI and ldquodisabilityrdquo of WP 4bull ldquoImpairment does not equate to PPDrdquobull ldquoDoes not include loss of range of motionrdquo or ldquoother measurementsrdquo (see 81b(a))bull DX Elbow Regional Grid Table 15-4 pg 399 CDX 1 Distal biceps tendon rupture Residual loss of

strength functional with normal motion default position C is 5 UEI (34567)bull Physical Exam PE grade modifier 2 because ldquomoderate problemrdquo (Table 15-8 pg 408 range of

motion moderate decrease 12-23 UEI) Arbitrator notes ldquomoderate problemrdquobull Clinical Studies CS grade modifier NA because ldquodiagnosis was biceps tendon rupturerdquo probably

meant ldquoIf a finding is used for placement of a diagnosis within a specific class in a DBI grid that same finding cannot be used as a grade modifierrdquo section 153c pg407 Arbitrator says ldquosurgical report could have been used in this wayrdquo (Table 15-9 pg 410 GMCS =2)

bull Table 2-1 Fundamental Principles of the Guides pg20 12 ldquoIf the Guides provides more than one method to rate a particular impairment or condition the method producing the higher rating must be usedrdquo

bull Functional History FH grade modifier 1 because Quick DASH score 23 Arbitrator notes that it is not included so she cannot ldquoreview his findingsrdquo (Table 15-7 pg 406)

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + NA + (1-1) = 1 + NA + 0 = NetAdjustment +1

bull Move one space to right from default C 5 = 6 UEI x 60 = 4WPI (Table 15-11 pg 420)

Frederick Williams v Flexible Staffing11WC046390

Factors (ii) through (iv)bull Factor (ii) Occupation of the injured employeebull ldquoArbitrator takes judicial notice to be medium to heavy

workrdquo therefore ldquoPPD will be larger than individual who performs lighter workrdquo

bull Factor (iii) Age of Employee at the Time of Injurybull 44 yo ldquosomewhat younger individualrdquo therefore ldquoPPD

more extensive than that of an older individual because he will have to live with PPD longerrdquo

bull Factor (iv) Employeersquos Future Earning Capacitybull ldquoAppears to be undiminishedhellipreturned to full-time

dutieshelliptold he no longer had a jobhellipmay negatively affect Petitionerrsquos future earning capacityrdquo

Frederick Williams v Flexible Staffing11WC046390

Factor (v) Evidence of Disabilitybull Demonstrated evidence of disability corroborated by his

treating medical recordsbull Credibly testifiedbull Pain numbness tingling and loss of range of motionbull Corroborated by treating medical records of Dr Aribindibull Corroborated by ldquodiagnosis necessity of surgery course of

treatmentrdquobull ldquoLast visitrdquo loss of range of motionbull ldquoEvidences a disability as indicated by commission

decisions regarded as precedent pursuant to section 19(e)rdquo

Frederick Williams v Flexible Staffing11WC046390

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 30

loss of use of the right armbull Status Respondent filed Petition for Review

12-6-12 ROR 3-15-13

Zachary Johnson v Central Transport11WC041328

Factsbull DA 10-17-11bull 28 year old truck driver door falls on right handbull Right small finger metacarpal neck fracture with

angulationbull Treated conservatively with splint by company clinic

RTW full duty for Respondentbull IME Dr Cohenbull Dr Vender does AMA impairment rating 7 ldquoindexrdquo

finger =1 hand=1 UEIbull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (Factors i-v)

Zachary Johnson v Central Transport11WC041328

Factor (i) Reported Level of Impairment

bull Dr Venderrsquos report admitted no certification identifiedbull ldquoNo evidence or argument rebutting Dr Venderrsquos ratingrdquo (unlike Williams)bull DX Metacarpal FX Table 15-2 pg ldquo391rdquo (sic pg 393) CDX 1 Proximal phalanx

middle phalanx metacarpal residual symptoms consistent objective findings andor functional loss with normal motion default position c is 6 digit (45678)

bull Physical Exam PE grade modifier 2 because moderate alignment deformity present 35 degree apex dorsal angualtion Table 15-8 pg 408

bull Clinical Studies CS grade modifier 0 because no evidence of arthritis on xray table 15-9 pg 410 (but why not GM 1)

bull Functional History FH grade modifier 2 because Quick Dash = 50 Table 15-7 pg 406 moderate problem

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + (0-1) + (2-1) = 1 + (-1) + 1 = Net Adjustment +1

bull (GMCS 0 hurts more than NA in Wiiliams)bull Move one space to right from default C 6 = 7 digit x 10 = 1 hand x 90 =

1 UEI x 60 = 0 WPI (Table 15-12 pg 421)

Zachary Johnson v Central Transport11WC041328

Factors (ii) through (iv)bull Factor (ii) Occupation of the Injured Employeebull ldquoContinues to be employed as truck driverrdquo (no

analysis of type of job like Williams)bull Factor (iii) Age of Employee at the Time Injurybull 28 yo ldquoyounger individualrdquo and PPD ldquomay not be more

extensive than that of an older individualrdquo (Williams was ldquosomewhat youngerrdquo)

bull Factor (iv) Employeersquos Future earning Capacitybull ldquoNo evidence that future earning capacity has

diminishedhellipage increases liklihood of long career as truck driverrdquo (offered job by Respondent unlike Williams)

Zachary Johnson v Central Transport11WC041328

Factor (v) Evidence of Disabilitybull Petitionerrsquos treating medical records finds that

FX with angulations was treated conservatively and healed

bull References to Drs Cohen amp Vender (treating medical records)

bull Only 8 weeks before RTW full dutybull ldquoArbitrator also finds persuasive Commission

decisionshellipminimal PPD award is appropriaterdquo (nod to section 19(e) like in Williams)

Zachary Johnson v Central Transport11WC041328

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 10

loss of use of the right handbull Status 9-20-12 Settlement contract approved

(85 hand)

Jeffrey Garwood v Lake Land College12WC004194

bull DA 9-12-11bull 54 yo vocational computer instructorbull Left knee arthroscopy medial amp lateral meniscus tears (debrided) amp

chondromalacia (chondroplasy amp synovectomy)bull ldquoPetitioner was examined by Dr Joseph T Monaco at Respondentrsquos

request on August 3 2012hellipprovided an impairment ratingrdquobull (i) 8 impairment of lower extremity (Closely deposed ldquoThe Arbitrator

notes these concessions by Dr Monacordquo)bull (ii) Now instructor in construction occupationsbull (iii) No evidence as to impact of agebull (iv) Could be issues with accommodations if he were to lose jobbull (v) Credible testimony as to pain and stiffness corroborated by diagnoses

and need for surgery objectively corroborated by IMEbull Award 20 loss of use of the left legbull Status Respondent filed Petition for Review 1-25-13 ROR 3-29-13

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

AMA Guides Commission Decisions

bull Frederick Williams v Flexible Staffing Inc 11WC046390bull Zachary Johnson v Central Transport 11WC041328bull Jeffrey Garwood v Lake Land College 12WC004194bull Shawn Dorris v Continental Tire 11WC046624bull Michael Arscott v Con-Way Freight 12WC003876bull Robert Riley v Con-Way Freight 12WC011083bull Curtis Oltman v Continental Tire 12WC011777bull Timothy Brown v Con-Way Freight 12WC004657bull Martha Mansfield v Ball Chatham CSD 12WC014648

Frederick Williams v Flexible Staffing11WC046390

Factsbull DA 10-7-11bull 45 year old welder grabs for 400 lb railbull Right istal biceps tendon rupturebull Dr Aribindi performs surgerybull RTW full duty despite complaints no jobbull Dr Mark Levin does AMA impairment rating 6

UEI 4 WPI bull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (factors i-v)

Frederick Williams v Flexible Staffing11WC046390

Factor (i) Reported Level of Impairmentbull Dr Levinrsquos report admitted identifies himself as CEDIR (AADEP certification)bull 6 UEI and ldquodisabilityrdquo of WP 4bull ldquoImpairment does not equate to PPDrdquobull ldquoDoes not include loss of range of motionrdquo or ldquoother measurementsrdquo (see 81b(a))bull DX Elbow Regional Grid Table 15-4 pg 399 CDX 1 Distal biceps tendon rupture Residual loss of

strength functional with normal motion default position C is 5 UEI (34567)bull Physical Exam PE grade modifier 2 because ldquomoderate problemrdquo (Table 15-8 pg 408 range of

motion moderate decrease 12-23 UEI) Arbitrator notes ldquomoderate problemrdquobull Clinical Studies CS grade modifier NA because ldquodiagnosis was biceps tendon rupturerdquo probably

meant ldquoIf a finding is used for placement of a diagnosis within a specific class in a DBI grid that same finding cannot be used as a grade modifierrdquo section 153c pg407 Arbitrator says ldquosurgical report could have been used in this wayrdquo (Table 15-9 pg 410 GMCS =2)

bull Table 2-1 Fundamental Principles of the Guides pg20 12 ldquoIf the Guides provides more than one method to rate a particular impairment or condition the method producing the higher rating must be usedrdquo

bull Functional History FH grade modifier 1 because Quick DASH score 23 Arbitrator notes that it is not included so she cannot ldquoreview his findingsrdquo (Table 15-7 pg 406)

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + NA + (1-1) = 1 + NA + 0 = NetAdjustment +1

bull Move one space to right from default C 5 = 6 UEI x 60 = 4WPI (Table 15-11 pg 420)

Frederick Williams v Flexible Staffing11WC046390

Factors (ii) through (iv)bull Factor (ii) Occupation of the injured employeebull ldquoArbitrator takes judicial notice to be medium to heavy

workrdquo therefore ldquoPPD will be larger than individual who performs lighter workrdquo

bull Factor (iii) Age of Employee at the Time of Injurybull 44 yo ldquosomewhat younger individualrdquo therefore ldquoPPD

more extensive than that of an older individual because he will have to live with PPD longerrdquo

bull Factor (iv) Employeersquos Future Earning Capacitybull ldquoAppears to be undiminishedhellipreturned to full-time

dutieshelliptold he no longer had a jobhellipmay negatively affect Petitionerrsquos future earning capacityrdquo

Frederick Williams v Flexible Staffing11WC046390

Factor (v) Evidence of Disabilitybull Demonstrated evidence of disability corroborated by his

treating medical recordsbull Credibly testifiedbull Pain numbness tingling and loss of range of motionbull Corroborated by treating medical records of Dr Aribindibull Corroborated by ldquodiagnosis necessity of surgery course of

treatmentrdquobull ldquoLast visitrdquo loss of range of motionbull ldquoEvidences a disability as indicated by commission

decisions regarded as precedent pursuant to section 19(e)rdquo

Frederick Williams v Flexible Staffing11WC046390

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 30

loss of use of the right armbull Status Respondent filed Petition for Review

12-6-12 ROR 3-15-13

Zachary Johnson v Central Transport11WC041328

Factsbull DA 10-17-11bull 28 year old truck driver door falls on right handbull Right small finger metacarpal neck fracture with

angulationbull Treated conservatively with splint by company clinic

RTW full duty for Respondentbull IME Dr Cohenbull Dr Vender does AMA impairment rating 7 ldquoindexrdquo

finger =1 hand=1 UEIbull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (Factors i-v)

Zachary Johnson v Central Transport11WC041328

Factor (i) Reported Level of Impairment

bull Dr Venderrsquos report admitted no certification identifiedbull ldquoNo evidence or argument rebutting Dr Venderrsquos ratingrdquo (unlike Williams)bull DX Metacarpal FX Table 15-2 pg ldquo391rdquo (sic pg 393) CDX 1 Proximal phalanx

middle phalanx metacarpal residual symptoms consistent objective findings andor functional loss with normal motion default position c is 6 digit (45678)

bull Physical Exam PE grade modifier 2 because moderate alignment deformity present 35 degree apex dorsal angualtion Table 15-8 pg 408

bull Clinical Studies CS grade modifier 0 because no evidence of arthritis on xray table 15-9 pg 410 (but why not GM 1)

bull Functional History FH grade modifier 2 because Quick Dash = 50 Table 15-7 pg 406 moderate problem

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + (0-1) + (2-1) = 1 + (-1) + 1 = Net Adjustment +1

bull (GMCS 0 hurts more than NA in Wiiliams)bull Move one space to right from default C 6 = 7 digit x 10 = 1 hand x 90 =

1 UEI x 60 = 0 WPI (Table 15-12 pg 421)

Zachary Johnson v Central Transport11WC041328

Factors (ii) through (iv)bull Factor (ii) Occupation of the Injured Employeebull ldquoContinues to be employed as truck driverrdquo (no

analysis of type of job like Williams)bull Factor (iii) Age of Employee at the Time Injurybull 28 yo ldquoyounger individualrdquo and PPD ldquomay not be more

extensive than that of an older individualrdquo (Williams was ldquosomewhat youngerrdquo)

bull Factor (iv) Employeersquos Future earning Capacitybull ldquoNo evidence that future earning capacity has

diminishedhellipage increases liklihood of long career as truck driverrdquo (offered job by Respondent unlike Williams)

Zachary Johnson v Central Transport11WC041328

Factor (v) Evidence of Disabilitybull Petitionerrsquos treating medical records finds that

FX with angulations was treated conservatively and healed

bull References to Drs Cohen amp Vender (treating medical records)

bull Only 8 weeks before RTW full dutybull ldquoArbitrator also finds persuasive Commission

decisionshellipminimal PPD award is appropriaterdquo (nod to section 19(e) like in Williams)

Zachary Johnson v Central Transport11WC041328

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 10

loss of use of the right handbull Status 9-20-12 Settlement contract approved

(85 hand)

Jeffrey Garwood v Lake Land College12WC004194

bull DA 9-12-11bull 54 yo vocational computer instructorbull Left knee arthroscopy medial amp lateral meniscus tears (debrided) amp

chondromalacia (chondroplasy amp synovectomy)bull ldquoPetitioner was examined by Dr Joseph T Monaco at Respondentrsquos

request on August 3 2012hellipprovided an impairment ratingrdquobull (i) 8 impairment of lower extremity (Closely deposed ldquoThe Arbitrator

notes these concessions by Dr Monacordquo)bull (ii) Now instructor in construction occupationsbull (iii) No evidence as to impact of agebull (iv) Could be issues with accommodations if he were to lose jobbull (v) Credible testimony as to pain and stiffness corroborated by diagnoses

and need for surgery objectively corroborated by IMEbull Award 20 loss of use of the left legbull Status Respondent filed Petition for Review 1-25-13 ROR 3-29-13

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Frederick Williams v Flexible Staffing11WC046390

Factsbull DA 10-7-11bull 45 year old welder grabs for 400 lb railbull Right istal biceps tendon rupturebull Dr Aribindi performs surgerybull RTW full duty despite complaints no jobbull Dr Mark Levin does AMA impairment rating 6

UEI 4 WPI bull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (factors i-v)

Frederick Williams v Flexible Staffing11WC046390

Factor (i) Reported Level of Impairmentbull Dr Levinrsquos report admitted identifies himself as CEDIR (AADEP certification)bull 6 UEI and ldquodisabilityrdquo of WP 4bull ldquoImpairment does not equate to PPDrdquobull ldquoDoes not include loss of range of motionrdquo or ldquoother measurementsrdquo (see 81b(a))bull DX Elbow Regional Grid Table 15-4 pg 399 CDX 1 Distal biceps tendon rupture Residual loss of

strength functional with normal motion default position C is 5 UEI (34567)bull Physical Exam PE grade modifier 2 because ldquomoderate problemrdquo (Table 15-8 pg 408 range of

motion moderate decrease 12-23 UEI) Arbitrator notes ldquomoderate problemrdquobull Clinical Studies CS grade modifier NA because ldquodiagnosis was biceps tendon rupturerdquo probably

meant ldquoIf a finding is used for placement of a diagnosis within a specific class in a DBI grid that same finding cannot be used as a grade modifierrdquo section 153c pg407 Arbitrator says ldquosurgical report could have been used in this wayrdquo (Table 15-9 pg 410 GMCS =2)

bull Table 2-1 Fundamental Principles of the Guides pg20 12 ldquoIf the Guides provides more than one method to rate a particular impairment or condition the method producing the higher rating must be usedrdquo

bull Functional History FH grade modifier 1 because Quick DASH score 23 Arbitrator notes that it is not included so she cannot ldquoreview his findingsrdquo (Table 15-7 pg 406)

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + NA + (1-1) = 1 + NA + 0 = NetAdjustment +1

bull Move one space to right from default C 5 = 6 UEI x 60 = 4WPI (Table 15-11 pg 420)

Frederick Williams v Flexible Staffing11WC046390

Factors (ii) through (iv)bull Factor (ii) Occupation of the injured employeebull ldquoArbitrator takes judicial notice to be medium to heavy

workrdquo therefore ldquoPPD will be larger than individual who performs lighter workrdquo

bull Factor (iii) Age of Employee at the Time of Injurybull 44 yo ldquosomewhat younger individualrdquo therefore ldquoPPD

more extensive than that of an older individual because he will have to live with PPD longerrdquo

bull Factor (iv) Employeersquos Future Earning Capacitybull ldquoAppears to be undiminishedhellipreturned to full-time

dutieshelliptold he no longer had a jobhellipmay negatively affect Petitionerrsquos future earning capacityrdquo

Frederick Williams v Flexible Staffing11WC046390

Factor (v) Evidence of Disabilitybull Demonstrated evidence of disability corroborated by his

treating medical recordsbull Credibly testifiedbull Pain numbness tingling and loss of range of motionbull Corroborated by treating medical records of Dr Aribindibull Corroborated by ldquodiagnosis necessity of surgery course of

treatmentrdquobull ldquoLast visitrdquo loss of range of motionbull ldquoEvidences a disability as indicated by commission

decisions regarded as precedent pursuant to section 19(e)rdquo

Frederick Williams v Flexible Staffing11WC046390

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 30

loss of use of the right armbull Status Respondent filed Petition for Review

12-6-12 ROR 3-15-13

Zachary Johnson v Central Transport11WC041328

Factsbull DA 10-17-11bull 28 year old truck driver door falls on right handbull Right small finger metacarpal neck fracture with

angulationbull Treated conservatively with splint by company clinic

RTW full duty for Respondentbull IME Dr Cohenbull Dr Vender does AMA impairment rating 7 ldquoindexrdquo

finger =1 hand=1 UEIbull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (Factors i-v)

Zachary Johnson v Central Transport11WC041328

Factor (i) Reported Level of Impairment

bull Dr Venderrsquos report admitted no certification identifiedbull ldquoNo evidence or argument rebutting Dr Venderrsquos ratingrdquo (unlike Williams)bull DX Metacarpal FX Table 15-2 pg ldquo391rdquo (sic pg 393) CDX 1 Proximal phalanx

middle phalanx metacarpal residual symptoms consistent objective findings andor functional loss with normal motion default position c is 6 digit (45678)

bull Physical Exam PE grade modifier 2 because moderate alignment deformity present 35 degree apex dorsal angualtion Table 15-8 pg 408

bull Clinical Studies CS grade modifier 0 because no evidence of arthritis on xray table 15-9 pg 410 (but why not GM 1)

bull Functional History FH grade modifier 2 because Quick Dash = 50 Table 15-7 pg 406 moderate problem

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + (0-1) + (2-1) = 1 + (-1) + 1 = Net Adjustment +1

bull (GMCS 0 hurts more than NA in Wiiliams)bull Move one space to right from default C 6 = 7 digit x 10 = 1 hand x 90 =

1 UEI x 60 = 0 WPI (Table 15-12 pg 421)

Zachary Johnson v Central Transport11WC041328

Factors (ii) through (iv)bull Factor (ii) Occupation of the Injured Employeebull ldquoContinues to be employed as truck driverrdquo (no

analysis of type of job like Williams)bull Factor (iii) Age of Employee at the Time Injurybull 28 yo ldquoyounger individualrdquo and PPD ldquomay not be more

extensive than that of an older individualrdquo (Williams was ldquosomewhat youngerrdquo)

bull Factor (iv) Employeersquos Future earning Capacitybull ldquoNo evidence that future earning capacity has

diminishedhellipage increases liklihood of long career as truck driverrdquo (offered job by Respondent unlike Williams)

Zachary Johnson v Central Transport11WC041328

Factor (v) Evidence of Disabilitybull Petitionerrsquos treating medical records finds that

FX with angulations was treated conservatively and healed

bull References to Drs Cohen amp Vender (treating medical records)

bull Only 8 weeks before RTW full dutybull ldquoArbitrator also finds persuasive Commission

decisionshellipminimal PPD award is appropriaterdquo (nod to section 19(e) like in Williams)

Zachary Johnson v Central Transport11WC041328

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 10

loss of use of the right handbull Status 9-20-12 Settlement contract approved

(85 hand)

Jeffrey Garwood v Lake Land College12WC004194

bull DA 9-12-11bull 54 yo vocational computer instructorbull Left knee arthroscopy medial amp lateral meniscus tears (debrided) amp

chondromalacia (chondroplasy amp synovectomy)bull ldquoPetitioner was examined by Dr Joseph T Monaco at Respondentrsquos

request on August 3 2012hellipprovided an impairment ratingrdquobull (i) 8 impairment of lower extremity (Closely deposed ldquoThe Arbitrator

notes these concessions by Dr Monacordquo)bull (ii) Now instructor in construction occupationsbull (iii) No evidence as to impact of agebull (iv) Could be issues with accommodations if he were to lose jobbull (v) Credible testimony as to pain and stiffness corroborated by diagnoses

and need for surgery objectively corroborated by IMEbull Award 20 loss of use of the left legbull Status Respondent filed Petition for Review 1-25-13 ROR 3-29-13

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Frederick Williams v Flexible Staffing11WC046390

Factor (i) Reported Level of Impairmentbull Dr Levinrsquos report admitted identifies himself as CEDIR (AADEP certification)bull 6 UEI and ldquodisabilityrdquo of WP 4bull ldquoImpairment does not equate to PPDrdquobull ldquoDoes not include loss of range of motionrdquo or ldquoother measurementsrdquo (see 81b(a))bull DX Elbow Regional Grid Table 15-4 pg 399 CDX 1 Distal biceps tendon rupture Residual loss of

strength functional with normal motion default position C is 5 UEI (34567)bull Physical Exam PE grade modifier 2 because ldquomoderate problemrdquo (Table 15-8 pg 408 range of

motion moderate decrease 12-23 UEI) Arbitrator notes ldquomoderate problemrdquobull Clinical Studies CS grade modifier NA because ldquodiagnosis was biceps tendon rupturerdquo probably

meant ldquoIf a finding is used for placement of a diagnosis within a specific class in a DBI grid that same finding cannot be used as a grade modifierrdquo section 153c pg407 Arbitrator says ldquosurgical report could have been used in this wayrdquo (Table 15-9 pg 410 GMCS =2)

bull Table 2-1 Fundamental Principles of the Guides pg20 12 ldquoIf the Guides provides more than one method to rate a particular impairment or condition the method producing the higher rating must be usedrdquo

bull Functional History FH grade modifier 1 because Quick DASH score 23 Arbitrator notes that it is not included so she cannot ldquoreview his findingsrdquo (Table 15-7 pg 406)

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + NA + (1-1) = 1 + NA + 0 = NetAdjustment +1

bull Move one space to right from default C 5 = 6 UEI x 60 = 4WPI (Table 15-11 pg 420)

Frederick Williams v Flexible Staffing11WC046390

Factors (ii) through (iv)bull Factor (ii) Occupation of the injured employeebull ldquoArbitrator takes judicial notice to be medium to heavy

workrdquo therefore ldquoPPD will be larger than individual who performs lighter workrdquo

bull Factor (iii) Age of Employee at the Time of Injurybull 44 yo ldquosomewhat younger individualrdquo therefore ldquoPPD

more extensive than that of an older individual because he will have to live with PPD longerrdquo

bull Factor (iv) Employeersquos Future Earning Capacitybull ldquoAppears to be undiminishedhellipreturned to full-time

dutieshelliptold he no longer had a jobhellipmay negatively affect Petitionerrsquos future earning capacityrdquo

Frederick Williams v Flexible Staffing11WC046390

Factor (v) Evidence of Disabilitybull Demonstrated evidence of disability corroborated by his

treating medical recordsbull Credibly testifiedbull Pain numbness tingling and loss of range of motionbull Corroborated by treating medical records of Dr Aribindibull Corroborated by ldquodiagnosis necessity of surgery course of

treatmentrdquobull ldquoLast visitrdquo loss of range of motionbull ldquoEvidences a disability as indicated by commission

decisions regarded as precedent pursuant to section 19(e)rdquo

Frederick Williams v Flexible Staffing11WC046390

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 30

loss of use of the right armbull Status Respondent filed Petition for Review

12-6-12 ROR 3-15-13

Zachary Johnson v Central Transport11WC041328

Factsbull DA 10-17-11bull 28 year old truck driver door falls on right handbull Right small finger metacarpal neck fracture with

angulationbull Treated conservatively with splint by company clinic

RTW full duty for Respondentbull IME Dr Cohenbull Dr Vender does AMA impairment rating 7 ldquoindexrdquo

finger =1 hand=1 UEIbull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (Factors i-v)

Zachary Johnson v Central Transport11WC041328

Factor (i) Reported Level of Impairment

bull Dr Venderrsquos report admitted no certification identifiedbull ldquoNo evidence or argument rebutting Dr Venderrsquos ratingrdquo (unlike Williams)bull DX Metacarpal FX Table 15-2 pg ldquo391rdquo (sic pg 393) CDX 1 Proximal phalanx

middle phalanx metacarpal residual symptoms consistent objective findings andor functional loss with normal motion default position c is 6 digit (45678)

bull Physical Exam PE grade modifier 2 because moderate alignment deformity present 35 degree apex dorsal angualtion Table 15-8 pg 408

bull Clinical Studies CS grade modifier 0 because no evidence of arthritis on xray table 15-9 pg 410 (but why not GM 1)

bull Functional History FH grade modifier 2 because Quick Dash = 50 Table 15-7 pg 406 moderate problem

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + (0-1) + (2-1) = 1 + (-1) + 1 = Net Adjustment +1

bull (GMCS 0 hurts more than NA in Wiiliams)bull Move one space to right from default C 6 = 7 digit x 10 = 1 hand x 90 =

1 UEI x 60 = 0 WPI (Table 15-12 pg 421)

Zachary Johnson v Central Transport11WC041328

Factors (ii) through (iv)bull Factor (ii) Occupation of the Injured Employeebull ldquoContinues to be employed as truck driverrdquo (no

analysis of type of job like Williams)bull Factor (iii) Age of Employee at the Time Injurybull 28 yo ldquoyounger individualrdquo and PPD ldquomay not be more

extensive than that of an older individualrdquo (Williams was ldquosomewhat youngerrdquo)

bull Factor (iv) Employeersquos Future earning Capacitybull ldquoNo evidence that future earning capacity has

diminishedhellipage increases liklihood of long career as truck driverrdquo (offered job by Respondent unlike Williams)

Zachary Johnson v Central Transport11WC041328

Factor (v) Evidence of Disabilitybull Petitionerrsquos treating medical records finds that

FX with angulations was treated conservatively and healed

bull References to Drs Cohen amp Vender (treating medical records)

bull Only 8 weeks before RTW full dutybull ldquoArbitrator also finds persuasive Commission

decisionshellipminimal PPD award is appropriaterdquo (nod to section 19(e) like in Williams)

Zachary Johnson v Central Transport11WC041328

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 10

loss of use of the right handbull Status 9-20-12 Settlement contract approved

(85 hand)

Jeffrey Garwood v Lake Land College12WC004194

bull DA 9-12-11bull 54 yo vocational computer instructorbull Left knee arthroscopy medial amp lateral meniscus tears (debrided) amp

chondromalacia (chondroplasy amp synovectomy)bull ldquoPetitioner was examined by Dr Joseph T Monaco at Respondentrsquos

request on August 3 2012hellipprovided an impairment ratingrdquobull (i) 8 impairment of lower extremity (Closely deposed ldquoThe Arbitrator

notes these concessions by Dr Monacordquo)bull (ii) Now instructor in construction occupationsbull (iii) No evidence as to impact of agebull (iv) Could be issues with accommodations if he were to lose jobbull (v) Credible testimony as to pain and stiffness corroborated by diagnoses

and need for surgery objectively corroborated by IMEbull Award 20 loss of use of the left legbull Status Respondent filed Petition for Review 1-25-13 ROR 3-29-13

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Frederick Williams v Flexible Staffing11WC046390

Factors (ii) through (iv)bull Factor (ii) Occupation of the injured employeebull ldquoArbitrator takes judicial notice to be medium to heavy

workrdquo therefore ldquoPPD will be larger than individual who performs lighter workrdquo

bull Factor (iii) Age of Employee at the Time of Injurybull 44 yo ldquosomewhat younger individualrdquo therefore ldquoPPD

more extensive than that of an older individual because he will have to live with PPD longerrdquo

bull Factor (iv) Employeersquos Future Earning Capacitybull ldquoAppears to be undiminishedhellipreturned to full-time

dutieshelliptold he no longer had a jobhellipmay negatively affect Petitionerrsquos future earning capacityrdquo

Frederick Williams v Flexible Staffing11WC046390

Factor (v) Evidence of Disabilitybull Demonstrated evidence of disability corroborated by his

treating medical recordsbull Credibly testifiedbull Pain numbness tingling and loss of range of motionbull Corroborated by treating medical records of Dr Aribindibull Corroborated by ldquodiagnosis necessity of surgery course of

treatmentrdquobull ldquoLast visitrdquo loss of range of motionbull ldquoEvidences a disability as indicated by commission

decisions regarded as precedent pursuant to section 19(e)rdquo

Frederick Williams v Flexible Staffing11WC046390

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 30

loss of use of the right armbull Status Respondent filed Petition for Review

12-6-12 ROR 3-15-13

Zachary Johnson v Central Transport11WC041328

Factsbull DA 10-17-11bull 28 year old truck driver door falls on right handbull Right small finger metacarpal neck fracture with

angulationbull Treated conservatively with splint by company clinic

RTW full duty for Respondentbull IME Dr Cohenbull Dr Vender does AMA impairment rating 7 ldquoindexrdquo

finger =1 hand=1 UEIbull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (Factors i-v)

Zachary Johnson v Central Transport11WC041328

Factor (i) Reported Level of Impairment

bull Dr Venderrsquos report admitted no certification identifiedbull ldquoNo evidence or argument rebutting Dr Venderrsquos ratingrdquo (unlike Williams)bull DX Metacarpal FX Table 15-2 pg ldquo391rdquo (sic pg 393) CDX 1 Proximal phalanx

middle phalanx metacarpal residual symptoms consistent objective findings andor functional loss with normal motion default position c is 6 digit (45678)

bull Physical Exam PE grade modifier 2 because moderate alignment deformity present 35 degree apex dorsal angualtion Table 15-8 pg 408

bull Clinical Studies CS grade modifier 0 because no evidence of arthritis on xray table 15-9 pg 410 (but why not GM 1)

bull Functional History FH grade modifier 2 because Quick Dash = 50 Table 15-7 pg 406 moderate problem

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + (0-1) + (2-1) = 1 + (-1) + 1 = Net Adjustment +1

bull (GMCS 0 hurts more than NA in Wiiliams)bull Move one space to right from default C 6 = 7 digit x 10 = 1 hand x 90 =

1 UEI x 60 = 0 WPI (Table 15-12 pg 421)

Zachary Johnson v Central Transport11WC041328

Factors (ii) through (iv)bull Factor (ii) Occupation of the Injured Employeebull ldquoContinues to be employed as truck driverrdquo (no

analysis of type of job like Williams)bull Factor (iii) Age of Employee at the Time Injurybull 28 yo ldquoyounger individualrdquo and PPD ldquomay not be more

extensive than that of an older individualrdquo (Williams was ldquosomewhat youngerrdquo)

bull Factor (iv) Employeersquos Future earning Capacitybull ldquoNo evidence that future earning capacity has

diminishedhellipage increases liklihood of long career as truck driverrdquo (offered job by Respondent unlike Williams)

Zachary Johnson v Central Transport11WC041328

Factor (v) Evidence of Disabilitybull Petitionerrsquos treating medical records finds that

FX with angulations was treated conservatively and healed

bull References to Drs Cohen amp Vender (treating medical records)

bull Only 8 weeks before RTW full dutybull ldquoArbitrator also finds persuasive Commission

decisionshellipminimal PPD award is appropriaterdquo (nod to section 19(e) like in Williams)

Zachary Johnson v Central Transport11WC041328

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 10

loss of use of the right handbull Status 9-20-12 Settlement contract approved

(85 hand)

Jeffrey Garwood v Lake Land College12WC004194

bull DA 9-12-11bull 54 yo vocational computer instructorbull Left knee arthroscopy medial amp lateral meniscus tears (debrided) amp

chondromalacia (chondroplasy amp synovectomy)bull ldquoPetitioner was examined by Dr Joseph T Monaco at Respondentrsquos

request on August 3 2012hellipprovided an impairment ratingrdquobull (i) 8 impairment of lower extremity (Closely deposed ldquoThe Arbitrator

notes these concessions by Dr Monacordquo)bull (ii) Now instructor in construction occupationsbull (iii) No evidence as to impact of agebull (iv) Could be issues with accommodations if he were to lose jobbull (v) Credible testimony as to pain and stiffness corroborated by diagnoses

and need for surgery objectively corroborated by IMEbull Award 20 loss of use of the left legbull Status Respondent filed Petition for Review 1-25-13 ROR 3-29-13

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Frederick Williams v Flexible Staffing11WC046390

Factor (v) Evidence of Disabilitybull Demonstrated evidence of disability corroborated by his

treating medical recordsbull Credibly testifiedbull Pain numbness tingling and loss of range of motionbull Corroborated by treating medical records of Dr Aribindibull Corroborated by ldquodiagnosis necessity of surgery course of

treatmentrdquobull ldquoLast visitrdquo loss of range of motionbull ldquoEvidences a disability as indicated by commission

decisions regarded as precedent pursuant to section 19(e)rdquo

Frederick Williams v Flexible Staffing11WC046390

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 30

loss of use of the right armbull Status Respondent filed Petition for Review

12-6-12 ROR 3-15-13

Zachary Johnson v Central Transport11WC041328

Factsbull DA 10-17-11bull 28 year old truck driver door falls on right handbull Right small finger metacarpal neck fracture with

angulationbull Treated conservatively with splint by company clinic

RTW full duty for Respondentbull IME Dr Cohenbull Dr Vender does AMA impairment rating 7 ldquoindexrdquo

finger =1 hand=1 UEIbull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (Factors i-v)

Zachary Johnson v Central Transport11WC041328

Factor (i) Reported Level of Impairment

bull Dr Venderrsquos report admitted no certification identifiedbull ldquoNo evidence or argument rebutting Dr Venderrsquos ratingrdquo (unlike Williams)bull DX Metacarpal FX Table 15-2 pg ldquo391rdquo (sic pg 393) CDX 1 Proximal phalanx

middle phalanx metacarpal residual symptoms consistent objective findings andor functional loss with normal motion default position c is 6 digit (45678)

bull Physical Exam PE grade modifier 2 because moderate alignment deformity present 35 degree apex dorsal angualtion Table 15-8 pg 408

bull Clinical Studies CS grade modifier 0 because no evidence of arthritis on xray table 15-9 pg 410 (but why not GM 1)

bull Functional History FH grade modifier 2 because Quick Dash = 50 Table 15-7 pg 406 moderate problem

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + (0-1) + (2-1) = 1 + (-1) + 1 = Net Adjustment +1

bull (GMCS 0 hurts more than NA in Wiiliams)bull Move one space to right from default C 6 = 7 digit x 10 = 1 hand x 90 =

1 UEI x 60 = 0 WPI (Table 15-12 pg 421)

Zachary Johnson v Central Transport11WC041328

Factors (ii) through (iv)bull Factor (ii) Occupation of the Injured Employeebull ldquoContinues to be employed as truck driverrdquo (no

analysis of type of job like Williams)bull Factor (iii) Age of Employee at the Time Injurybull 28 yo ldquoyounger individualrdquo and PPD ldquomay not be more

extensive than that of an older individualrdquo (Williams was ldquosomewhat youngerrdquo)

bull Factor (iv) Employeersquos Future earning Capacitybull ldquoNo evidence that future earning capacity has

diminishedhellipage increases liklihood of long career as truck driverrdquo (offered job by Respondent unlike Williams)

Zachary Johnson v Central Transport11WC041328

Factor (v) Evidence of Disabilitybull Petitionerrsquos treating medical records finds that

FX with angulations was treated conservatively and healed

bull References to Drs Cohen amp Vender (treating medical records)

bull Only 8 weeks before RTW full dutybull ldquoArbitrator also finds persuasive Commission

decisionshellipminimal PPD award is appropriaterdquo (nod to section 19(e) like in Williams)

Zachary Johnson v Central Transport11WC041328

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 10

loss of use of the right handbull Status 9-20-12 Settlement contract approved

(85 hand)

Jeffrey Garwood v Lake Land College12WC004194

bull DA 9-12-11bull 54 yo vocational computer instructorbull Left knee arthroscopy medial amp lateral meniscus tears (debrided) amp

chondromalacia (chondroplasy amp synovectomy)bull ldquoPetitioner was examined by Dr Joseph T Monaco at Respondentrsquos

request on August 3 2012hellipprovided an impairment ratingrdquobull (i) 8 impairment of lower extremity (Closely deposed ldquoThe Arbitrator

notes these concessions by Dr Monacordquo)bull (ii) Now instructor in construction occupationsbull (iii) No evidence as to impact of agebull (iv) Could be issues with accommodations if he were to lose jobbull (v) Credible testimony as to pain and stiffness corroborated by diagnoses

and need for surgery objectively corroborated by IMEbull Award 20 loss of use of the left legbull Status Respondent filed Petition for Review 1-25-13 ROR 3-29-13

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Frederick Williams v Flexible Staffing11WC046390

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 30

loss of use of the right armbull Status Respondent filed Petition for Review

12-6-12 ROR 3-15-13

Zachary Johnson v Central Transport11WC041328

Factsbull DA 10-17-11bull 28 year old truck driver door falls on right handbull Right small finger metacarpal neck fracture with

angulationbull Treated conservatively with splint by company clinic

RTW full duty for Respondentbull IME Dr Cohenbull Dr Vender does AMA impairment rating 7 ldquoindexrdquo

finger =1 hand=1 UEIbull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (Factors i-v)

Zachary Johnson v Central Transport11WC041328

Factor (i) Reported Level of Impairment

bull Dr Venderrsquos report admitted no certification identifiedbull ldquoNo evidence or argument rebutting Dr Venderrsquos ratingrdquo (unlike Williams)bull DX Metacarpal FX Table 15-2 pg ldquo391rdquo (sic pg 393) CDX 1 Proximal phalanx

middle phalanx metacarpal residual symptoms consistent objective findings andor functional loss with normal motion default position c is 6 digit (45678)

bull Physical Exam PE grade modifier 2 because moderate alignment deformity present 35 degree apex dorsal angualtion Table 15-8 pg 408

bull Clinical Studies CS grade modifier 0 because no evidence of arthritis on xray table 15-9 pg 410 (but why not GM 1)

bull Functional History FH grade modifier 2 because Quick Dash = 50 Table 15-7 pg 406 moderate problem

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + (0-1) + (2-1) = 1 + (-1) + 1 = Net Adjustment +1

bull (GMCS 0 hurts more than NA in Wiiliams)bull Move one space to right from default C 6 = 7 digit x 10 = 1 hand x 90 =

1 UEI x 60 = 0 WPI (Table 15-12 pg 421)

Zachary Johnson v Central Transport11WC041328

Factors (ii) through (iv)bull Factor (ii) Occupation of the Injured Employeebull ldquoContinues to be employed as truck driverrdquo (no

analysis of type of job like Williams)bull Factor (iii) Age of Employee at the Time Injurybull 28 yo ldquoyounger individualrdquo and PPD ldquomay not be more

extensive than that of an older individualrdquo (Williams was ldquosomewhat youngerrdquo)

bull Factor (iv) Employeersquos Future earning Capacitybull ldquoNo evidence that future earning capacity has

diminishedhellipage increases liklihood of long career as truck driverrdquo (offered job by Respondent unlike Williams)

Zachary Johnson v Central Transport11WC041328

Factor (v) Evidence of Disabilitybull Petitionerrsquos treating medical records finds that

FX with angulations was treated conservatively and healed

bull References to Drs Cohen amp Vender (treating medical records)

bull Only 8 weeks before RTW full dutybull ldquoArbitrator also finds persuasive Commission

decisionshellipminimal PPD award is appropriaterdquo (nod to section 19(e) like in Williams)

Zachary Johnson v Central Transport11WC041328

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 10

loss of use of the right handbull Status 9-20-12 Settlement contract approved

(85 hand)

Jeffrey Garwood v Lake Land College12WC004194

bull DA 9-12-11bull 54 yo vocational computer instructorbull Left knee arthroscopy medial amp lateral meniscus tears (debrided) amp

chondromalacia (chondroplasy amp synovectomy)bull ldquoPetitioner was examined by Dr Joseph T Monaco at Respondentrsquos

request on August 3 2012hellipprovided an impairment ratingrdquobull (i) 8 impairment of lower extremity (Closely deposed ldquoThe Arbitrator

notes these concessions by Dr Monacordquo)bull (ii) Now instructor in construction occupationsbull (iii) No evidence as to impact of agebull (iv) Could be issues with accommodations if he were to lose jobbull (v) Credible testimony as to pain and stiffness corroborated by diagnoses

and need for surgery objectively corroborated by IMEbull Award 20 loss of use of the left legbull Status Respondent filed Petition for Review 1-25-13 ROR 3-29-13

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Zachary Johnson v Central Transport11WC041328

Factsbull DA 10-17-11bull 28 year old truck driver door falls on right handbull Right small finger metacarpal neck fracture with

angulationbull Treated conservatively with splint by company clinic

RTW full duty for Respondentbull IME Dr Cohenbull Dr Vender does AMA impairment rating 7 ldquoindexrdquo

finger =1 hand=1 UEIbull Arbitratorrsquos Decision 7-24-12bull Cites Section 81b (Factors i-v)

Zachary Johnson v Central Transport11WC041328

Factor (i) Reported Level of Impairment

bull Dr Venderrsquos report admitted no certification identifiedbull ldquoNo evidence or argument rebutting Dr Venderrsquos ratingrdquo (unlike Williams)bull DX Metacarpal FX Table 15-2 pg ldquo391rdquo (sic pg 393) CDX 1 Proximal phalanx

middle phalanx metacarpal residual symptoms consistent objective findings andor functional loss with normal motion default position c is 6 digit (45678)

bull Physical Exam PE grade modifier 2 because moderate alignment deformity present 35 degree apex dorsal angualtion Table 15-8 pg 408

bull Clinical Studies CS grade modifier 0 because no evidence of arthritis on xray table 15-9 pg 410 (but why not GM 1)

bull Functional History FH grade modifier 2 because Quick Dash = 50 Table 15-7 pg 406 moderate problem

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + (0-1) + (2-1) = 1 + (-1) + 1 = Net Adjustment +1

bull (GMCS 0 hurts more than NA in Wiiliams)bull Move one space to right from default C 6 = 7 digit x 10 = 1 hand x 90 =

1 UEI x 60 = 0 WPI (Table 15-12 pg 421)

Zachary Johnson v Central Transport11WC041328

Factors (ii) through (iv)bull Factor (ii) Occupation of the Injured Employeebull ldquoContinues to be employed as truck driverrdquo (no

analysis of type of job like Williams)bull Factor (iii) Age of Employee at the Time Injurybull 28 yo ldquoyounger individualrdquo and PPD ldquomay not be more

extensive than that of an older individualrdquo (Williams was ldquosomewhat youngerrdquo)

bull Factor (iv) Employeersquos Future earning Capacitybull ldquoNo evidence that future earning capacity has

diminishedhellipage increases liklihood of long career as truck driverrdquo (offered job by Respondent unlike Williams)

Zachary Johnson v Central Transport11WC041328

Factor (v) Evidence of Disabilitybull Petitionerrsquos treating medical records finds that

FX with angulations was treated conservatively and healed

bull References to Drs Cohen amp Vender (treating medical records)

bull Only 8 weeks before RTW full dutybull ldquoArbitrator also finds persuasive Commission

decisionshellipminimal PPD award is appropriaterdquo (nod to section 19(e) like in Williams)

Zachary Johnson v Central Transport11WC041328

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 10

loss of use of the right handbull Status 9-20-12 Settlement contract approved

(85 hand)

Jeffrey Garwood v Lake Land College12WC004194

bull DA 9-12-11bull 54 yo vocational computer instructorbull Left knee arthroscopy medial amp lateral meniscus tears (debrided) amp

chondromalacia (chondroplasy amp synovectomy)bull ldquoPetitioner was examined by Dr Joseph T Monaco at Respondentrsquos

request on August 3 2012hellipprovided an impairment ratingrdquobull (i) 8 impairment of lower extremity (Closely deposed ldquoThe Arbitrator

notes these concessions by Dr Monacordquo)bull (ii) Now instructor in construction occupationsbull (iii) No evidence as to impact of agebull (iv) Could be issues with accommodations if he were to lose jobbull (v) Credible testimony as to pain and stiffness corroborated by diagnoses

and need for surgery objectively corroborated by IMEbull Award 20 loss of use of the left legbull Status Respondent filed Petition for Review 1-25-13 ROR 3-29-13

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Zachary Johnson v Central Transport11WC041328

Factor (i) Reported Level of Impairment

bull Dr Venderrsquos report admitted no certification identifiedbull ldquoNo evidence or argument rebutting Dr Venderrsquos ratingrdquo (unlike Williams)bull DX Metacarpal FX Table 15-2 pg ldquo391rdquo (sic pg 393) CDX 1 Proximal phalanx

middle phalanx metacarpal residual symptoms consistent objective findings andor functional loss with normal motion default position c is 6 digit (45678)

bull Physical Exam PE grade modifier 2 because moderate alignment deformity present 35 degree apex dorsal angualtion Table 15-8 pg 408

bull Clinical Studies CS grade modifier 0 because no evidence of arthritis on xray table 15-9 pg 410 (but why not GM 1)

bull Functional History FH grade modifier 2 because Quick Dash = 50 Table 15-7 pg 406 moderate problem

bull Net Adjustment = (GMPE-CDX) + (GMCS-CDX) + (GMFH-CDX) = (2-1) + (0-1) + (2-1) = 1 + (-1) + 1 = Net Adjustment +1

bull (GMCS 0 hurts more than NA in Wiiliams)bull Move one space to right from default C 6 = 7 digit x 10 = 1 hand x 90 =

1 UEI x 60 = 0 WPI (Table 15-12 pg 421)

Zachary Johnson v Central Transport11WC041328

Factors (ii) through (iv)bull Factor (ii) Occupation of the Injured Employeebull ldquoContinues to be employed as truck driverrdquo (no

analysis of type of job like Williams)bull Factor (iii) Age of Employee at the Time Injurybull 28 yo ldquoyounger individualrdquo and PPD ldquomay not be more

extensive than that of an older individualrdquo (Williams was ldquosomewhat youngerrdquo)

bull Factor (iv) Employeersquos Future earning Capacitybull ldquoNo evidence that future earning capacity has

diminishedhellipage increases liklihood of long career as truck driverrdquo (offered job by Respondent unlike Williams)

Zachary Johnson v Central Transport11WC041328

Factor (v) Evidence of Disabilitybull Petitionerrsquos treating medical records finds that

FX with angulations was treated conservatively and healed

bull References to Drs Cohen amp Vender (treating medical records)

bull Only 8 weeks before RTW full dutybull ldquoArbitrator also finds persuasive Commission

decisionshellipminimal PPD award is appropriaterdquo (nod to section 19(e) like in Williams)

Zachary Johnson v Central Transport11WC041328

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 10

loss of use of the right handbull Status 9-20-12 Settlement contract approved

(85 hand)

Jeffrey Garwood v Lake Land College12WC004194

bull DA 9-12-11bull 54 yo vocational computer instructorbull Left knee arthroscopy medial amp lateral meniscus tears (debrided) amp

chondromalacia (chondroplasy amp synovectomy)bull ldquoPetitioner was examined by Dr Joseph T Monaco at Respondentrsquos

request on August 3 2012hellipprovided an impairment ratingrdquobull (i) 8 impairment of lower extremity (Closely deposed ldquoThe Arbitrator

notes these concessions by Dr Monacordquo)bull (ii) Now instructor in construction occupationsbull (iii) No evidence as to impact of agebull (iv) Could be issues with accommodations if he were to lose jobbull (v) Credible testimony as to pain and stiffness corroborated by diagnoses

and need for surgery objectively corroborated by IMEbull Award 20 loss of use of the left legbull Status Respondent filed Petition for Review 1-25-13 ROR 3-29-13

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Zachary Johnson v Central Transport11WC041328

Factors (ii) through (iv)bull Factor (ii) Occupation of the Injured Employeebull ldquoContinues to be employed as truck driverrdquo (no

analysis of type of job like Williams)bull Factor (iii) Age of Employee at the Time Injurybull 28 yo ldquoyounger individualrdquo and PPD ldquomay not be more

extensive than that of an older individualrdquo (Williams was ldquosomewhat youngerrdquo)

bull Factor (iv) Employeersquos Future earning Capacitybull ldquoNo evidence that future earning capacity has

diminishedhellipage increases liklihood of long career as truck driverrdquo (offered job by Respondent unlike Williams)

Zachary Johnson v Central Transport11WC041328

Factor (v) Evidence of Disabilitybull Petitionerrsquos treating medical records finds that

FX with angulations was treated conservatively and healed

bull References to Drs Cohen amp Vender (treating medical records)

bull Only 8 weeks before RTW full dutybull ldquoArbitrator also finds persuasive Commission

decisionshellipminimal PPD award is appropriaterdquo (nod to section 19(e) like in Williams)

Zachary Johnson v Central Transport11WC041328

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 10

loss of use of the right handbull Status 9-20-12 Settlement contract approved

(85 hand)

Jeffrey Garwood v Lake Land College12WC004194

bull DA 9-12-11bull 54 yo vocational computer instructorbull Left knee arthroscopy medial amp lateral meniscus tears (debrided) amp

chondromalacia (chondroplasy amp synovectomy)bull ldquoPetitioner was examined by Dr Joseph T Monaco at Respondentrsquos

request on August 3 2012hellipprovided an impairment ratingrdquobull (i) 8 impairment of lower extremity (Closely deposed ldquoThe Arbitrator

notes these concessions by Dr Monacordquo)bull (ii) Now instructor in construction occupationsbull (iii) No evidence as to impact of agebull (iv) Could be issues with accommodations if he were to lose jobbull (v) Credible testimony as to pain and stiffness corroborated by diagnoses

and need for surgery objectively corroborated by IMEbull Award 20 loss of use of the left legbull Status Respondent filed Petition for Review 1-25-13 ROR 3-29-13

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Zachary Johnson v Central Transport11WC041328

Factor (v) Evidence of Disabilitybull Petitionerrsquos treating medical records finds that

FX with angulations was treated conservatively and healed

bull References to Drs Cohen amp Vender (treating medical records)

bull Only 8 weeks before RTW full dutybull ldquoArbitrator also finds persuasive Commission

decisionshellipminimal PPD award is appropriaterdquo (nod to section 19(e) like in Williams)

Zachary Johnson v Central Transport11WC041328

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 10

loss of use of the right handbull Status 9-20-12 Settlement contract approved

(85 hand)

Jeffrey Garwood v Lake Land College12WC004194

bull DA 9-12-11bull 54 yo vocational computer instructorbull Left knee arthroscopy medial amp lateral meniscus tears (debrided) amp

chondromalacia (chondroplasy amp synovectomy)bull ldquoPetitioner was examined by Dr Joseph T Monaco at Respondentrsquos

request on August 3 2012hellipprovided an impairment ratingrdquobull (i) 8 impairment of lower extremity (Closely deposed ldquoThe Arbitrator

notes these concessions by Dr Monacordquo)bull (ii) Now instructor in construction occupationsbull (iii) No evidence as to impact of agebull (iv) Could be issues with accommodations if he were to lose jobbull (v) Credible testimony as to pain and stiffness corroborated by diagnoses

and need for surgery objectively corroborated by IMEbull Award 20 loss of use of the left legbull Status Respondent filed Petition for Review 1-25-13 ROR 3-29-13

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Zachary Johnson v Central Transport11WC041328

Determination of PPDbull ldquoNot simply a calculation but an evaluation of

all five factorsrdquo as stated in 81bbull No sole determinantbull ldquoTherefore applying section 81brdquo PPD is 10

loss of use of the right handbull Status 9-20-12 Settlement contract approved

(85 hand)

Jeffrey Garwood v Lake Land College12WC004194

bull DA 9-12-11bull 54 yo vocational computer instructorbull Left knee arthroscopy medial amp lateral meniscus tears (debrided) amp

chondromalacia (chondroplasy amp synovectomy)bull ldquoPetitioner was examined by Dr Joseph T Monaco at Respondentrsquos

request on August 3 2012hellipprovided an impairment ratingrdquobull (i) 8 impairment of lower extremity (Closely deposed ldquoThe Arbitrator

notes these concessions by Dr Monacordquo)bull (ii) Now instructor in construction occupationsbull (iii) No evidence as to impact of agebull (iv) Could be issues with accommodations if he were to lose jobbull (v) Credible testimony as to pain and stiffness corroborated by diagnoses

and need for surgery objectively corroborated by IMEbull Award 20 loss of use of the left legbull Status Respondent filed Petition for Review 1-25-13 ROR 3-29-13

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Jeffrey Garwood v Lake Land College12WC004194

bull DA 9-12-11bull 54 yo vocational computer instructorbull Left knee arthroscopy medial amp lateral meniscus tears (debrided) amp

chondromalacia (chondroplasy amp synovectomy)bull ldquoPetitioner was examined by Dr Joseph T Monaco at Respondentrsquos

request on August 3 2012hellipprovided an impairment ratingrdquobull (i) 8 impairment of lower extremity (Closely deposed ldquoThe Arbitrator

notes these concessions by Dr Monacordquo)bull (ii) Now instructor in construction occupationsbull (iii) No evidence as to impact of agebull (iv) Could be issues with accommodations if he were to lose jobbull (v) Credible testimony as to pain and stiffness corroborated by diagnoses

and need for surgery objectively corroborated by IMEbull Award 20 loss of use of the left legbull Status Respondent filed Petition for Review 1-25-13 ROR 3-29-13

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Shawn Dorris v Continental Tire11WC046624

bull DA 9-18-11bull 38 yo tire press operatorbull Left wrist arthroscopy for repair of peripheral TFCC tear by Dr

David Brownbull ldquoAt the request of Respondentrsquos counsel Dr Brown prepared a

permanent partial disability impairment report dated August 27 2012rdquo

bull (i) 6 upper extremity impairment (report admitted)bull (ii) press operator is ldquolabor-intensive jobrdquobull (iii) ldquosomewhat youngerrdquohellip ldquoPPD more extensiverdquobull (iv) no alleged future earning capacity impactbull (v) loss of motion pain loss of strength home activitiesbull Award 13 loss of use of the hand bull Status Arbitration Decision Rendered 11-27-12

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Michael Arscott v Con-Way Freight12WC003876

bull DA 1102012bull 57 yo freight truck driverbull ldquoArthroscopic surgery to repair the meniscusrdquobull ldquoRespondent had Dr Sanjay Patari an orthopedist perform an AMA

Impairment Ratingrdquo (report admitted)bull (i) PPI rating of 20 lower extremity 8 whole person [Table 16-3 pg

509 adjustment must have been -1 to move to B position 20 for CDX Class 2 Meniscal injury Total (medial and lateral)]

bull (ii) usual employmentbull (iii) 57 years old on date of lossbull (iv) regular jobbull (v) residual symptoms which are generally consistent with the surgery

performedbull Award 20 loss of use of the left legbull Status Arbitration Decision Rendered 1-24-13

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Robert Riley v Con-Way Freight12WC003876

bull DA 12052011bull 46 yo truck driver sales representativebull DX proximal fibular FX and ACL tear (R leg)bull 2272012 Dr McIntosh performed ACL repairbull (i)ldquo8312011 at the request of the claimantrsquos attorney Dr McIntosh

prepared a PPI rating pursuant to the AMA Guidelines (sic)hellip opined the Petitioner had 7 impairment of the extremity 3 WPI PX2 RX2rdquo

bull (ii) returned to usual employmentbull (iii) 46 yo on date of lossbull (iv) no evidence of diminished earning capacitybull (v) stiffness achiness weather sensitivity ladder difficulty ldquogenerally

consistent with the surgery reflected in the records of Dr McIntoshrdquo bull Award 275 loss of use of the left legbull Status 2-13-13 Respondent filed Review

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Curtis Oltman v Continental Tire12WC011777

bull DA 1312012bull 49 yo labor trainerbull Non-displaced fracture of the left ldquowristrdquo (R hand dominant)bull Dr Brown splinted and treatedbull (i) ldquo3152012 Dr Brown prepared an AMA rating report in which he

opined that the claimant had a 0 impairment at the level of the left wrist RX2 Dr Brown testified in deposition in support of his findings and treatment course as well as the bases for his impairment rating See generally RX1rdquo

bull (ii) returned to usual and customary employmentbull (iii) 49 yobull (iv) continues to work as before the incidentbull (v) The claimant described some minor residual symptoms in his wristbull Award 5 loss of use of the left handbull Status 1-28-13 Respondent filed Review

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Timothy Brown v Con-Way Freight12WC004657

bull DA 10182011bull 51 yo freight truck driver sales representativebull Full thickness rotator cuff tear Left shoulderbull 12-16 -11 Dr Davito performed rotator cuff repair surgerybull (i) ldquoAt the Respondentrsquos request the claimant was examined by Dr David Fetter an

orthopedist on 9112012 See RX 2 Following the examination Dr Fetter prepared a report including an AMA impairment rating which he calculated to be 6 upper extremity impairment which converted to 4 whole person impairmentrdquo

bull (ii) returned to his usual employmentbull (iii) 51 years oldbull (iv) continues to work in that position at the same rate of paybull (v) ldquoClaimant described some weakness and fatigue in the shoulder with occasional swelling

and pain While the weakness is not well borne out in the records the occasional discomfort is consistent with the undisputed surgeryhellipthough his treating orthopedist does not assess permanent disability or limitationsrdquo

bull Award 10 loss MAW (would be about 20 arm due to Will County)bull Status 1-14-13 Arbitration Decision Rendered

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648

Martha Mansfield v Ball Chatham CSD12WC014648

bull DA 1132011bull 58 yo bus driver and custodianbull 3612 Dr Schopp performs left medial menisectomy and cyst decompressionbull (i) 61512 Respondentrsquos IME Dr Michael Lewis deposed ldquoimpairment was 1 of

a lower extremityhellipDr Lewis acknowledged that impairment as defined by the Guides was not the same as disabilityunable to produce intake formhellipfocused on Petitionerrsquos condition at the time of the examinationrdquo ( Of MMI)

bull (ii) Extensive description of job duties ldquogiven job duties PPD will be larger than individual who performs sedentary or desk workrdquo

bull (iii) 58 yo ldquono testimony concerning how long she expected to continue to workrdquobull (iv) Future earning capacity is ldquorelatively undiminishedrdquobull (v) ldquoPetitioner testifiedrdquo weakness pain decreased range of motion weather

changes Arbitrator find Petitioner was credible ldquocorroborated by PT recordsrdquobull ldquoNot simply a calculation but an evaluation of all the factorshellipNo single factorrdquo bull Award 175 loss of use of the left legbull Status Arbitration Decision Rendered 1072013

• WCLA MCLE 2-27-13
• Martha Aragon v U of I Hospital 00 WC 002595
• Martha Aragon v U of I Hospital 10 IWCC
• U of I Hospital v IWCC 2012 IL App(1st)113130WC
• Linda Dye v Plymouth Tube 09WC033325
• Linda Dye v Plymouth Tube 09WC033325 11 IWCC 0206
• Dye v IWCC 2012 IL App (3d) 110907WC
• 820 ILCS 30581b Determination of Permanent Partial Disability
• Basic AMA Guides Analysis
• Terry Wadkins v Pinckneyville Correctional Center 12WC02866 Commission Affirms Award with NO AMA Guides
• AMA Guides Commission Decisions
• Frederick Williams v Flexible Staffing 11WC046390 Facts
• Frederick Williams v Flexible Staffing 11WC046390 Factor (i) Reported Level of Impairment
• Frederick Williams v Flexible Staffing 11WC046390 Factors (ii) through (iv)
• Frederick Williams v Flexible Staffing 11WC046390 Factor (v) Evidence of Disability
• Frederick Williams v Flexible Staffing 11WC046390 Determination of PPD
• Zachary Johnson v Central Transport 11WC041328 Facts
• Zachary Johnson v Central Transport 11WC041328 Factor (i) Reported Level of Impairment
• Zachary Johnson v Central Transport 11WC041328 Factors (ii) through (iv)
• Zachary Johnson v Central Transport 11WC041328 Factor (v) Evidence of Disability
• Zachary Johnson v Central Transport 11WC041328 Determination of PPD
• Jeffrey Garwood v Lake Land College 12WC004194
• Shawn Dorris v Continental Tire 11WC046624
• Michael Arscott v Con-Way Freight 12WC003876
• Robert Riley v Con-Way Freight 12WC003876
• Curtis Oltman v Continental Tire 12WC011777
• Timothy Brown v Con-Way Freight 12WC004657
• Martha Mansfield v Ball Chatham CSD 12WC014648