BCM wins on accident: Mushroom packer's duties are not repetitive

Peter J. Stavropoulos succeeded in proving no accident in a decision by Arbitrator Andros. Guareiola v. Monterey Mushrooms, No. 05 WC 00263 (decision filed on March 29, 2006). Respondent presented evidence proving that the job duties of a portabella packer were extremely varied and did not require repetitive, forceful gripping. Consequently, Arbitrator Andros decided that there was no accident as related to petitioner's job duties.

With there being no accident, the Arbitrator found there could no causal connection. Supporting this finding was the testimony of Dr. Weiss, who testified that petitioner's job duties did not cause or aggravate her bilateral carpal tunnel syndrome as work activities must involve exposure to forceful or vigorous vibration or involve highly forceful repetitive gripping activities in order to cause or contribute to carpal tunnel syndrome. Dr. Weiss opined that petitioner's carpal tunnel syndrome was caused solely by her being a middle aged woman who smoked.

Petitioner relied on Dr. Eilers, who performed an independent medical evaluation at petitioner's direction. Dr. Eilers was unfamiliar with the job duties of a portabella packer.

Further supporting the Arbitrator's decision that the petitioner's job duties did not contribute in any way to petitioner's carpal tunnel syndrome is the fact that petitioner stopped working for the respondent in September of 2004. She then underwent bilateral carpal tunnel release surgery in February of 2005. Then, on September 29, 2005, the petitioner reported to her treating physician that she had been doing very well until May of 2005, when she began to experience numbness and tingling in her fingers. The fact that petitioner had a return of symptoms in May of 2005, even though she was no longer performing her job duties at Monterey Mushrooms, further supported the Arbitrator's finding that the petitioner's condition was systemic in nature and not related at all to her job duties while working for the respondent.

The Illinois Workers' Compensation Commission unanimously affirmed and adopted the Arbitrator's Decision on July 5, 2007.  No. 07 IWCC 0879.