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In the case of Tazewell County v. Illinois Workers'
Compensation Commission, the Illinois Appellate Court addressed the issue
of whether repetitive trauma resulting in pain from a pre-existing condition is
compensable under the Illinois Workers' Compensation Act. The claimant, Dora
Potts, worked as a dental hygienist for Tazewell County, performing duties that
involved repetitive arm movements. In 2019, she began experiencing left
shoulder pain while performing her work duties. Medical examinations revealed
that she had a pre-existing rotator cuff tear, impingement syndrome, and
arthritis, which were not caused by her work but were aggravated by it. All
experts agreed that there was no structural change to the MRI or her condition.
The only change was an increase in pain while doing her work related
activities.
The court held that when a pre-existing asymptomatic condition becomes painful
due to work-related repetitive trauma, and not due to the natural progression
of the condition, the resulting pain is considered an aggravation of the
pre-existing condition and is compensable under the Illinois Workers'
Compensation Act. The court found that
the evidence in the record satisfied the claimant's burden of proving that her
repetitive trauma and resulting left shoulder pain arose out of and in the
course of her employment with Tazewell County.
The Appellate Court affirmed the decision of the Circuit Court, which had
confirmed the Illinois Workers' Compensation Commission's award of benefits to
the claimant. The court's rationale was that the symptomatic condition
resulting from work-related activities is an aggravation of the pre-existing
condition, even in the absence of an organic or structural change to the
underlying condition.
Kisa P. Sthankiya