There was a decision at the Illinois Appellate Court earlier this year that is very relevant for any worker who has a pre-existing injury that they believe has gotten worse due the repetitive nature of their job.

In this case, a worker for Tazewell County had a pre-existing left rotator cuff tear, impingement syndrome and acromioclavicular joint arthritis. None of those problems were caused by her job as a dental hygienist. Those were issues she had for a while. But at the same time, those injuries were not causing her any problems. She wasn’t taking any pain medications. She hadn’t seen a doctor for years. She felt fine.

At trial she testified that the repetitive nature of her job activities were causing her pain. The medical evidence in this case was her testimony and her doctor testifying that is what she told him. He agreed with her. It was his opinion that the job was a contributing factor to the pain in her left shoulder. Eventually he did shoulder surgery on her after injections didn’t relieve her pain.

The insurance company hired a doctor who testified that her job duties could not have aggravated her problems because she didn’t use enough force to cause a permanent injury. He agreed the job could cause pain, but didn’t think it was anything more than a temporary aggravation.

Of note is the fact that this woman can no longer work as a dental hygienist and is working as a paralegal, making half of what she used to.

The fight over this case was because the treating doctor didn’t use the words aggravated or accelerated her injuries. He only talked about pain. And her testimony was only about pain. But what this new case says, and it’s common sense, is that pain is enough.

While in my opinion the attorney probably should have gotten better and clearer testimony from the doctor, this is clearly the correct decision. And I can personally relate to it.

I tore my rotator cuff years ago playing soccer. I had a couple of steroid injections, but haven’t needed to see a doctor for it for more than a decade. If you did a MRI of my shoulder right now, it would show a torn rotator cuff. But it causes me no problems.

Now if I get in a car accident or started a job that requires me to use that arm a lot, if I ended up needing surgery you could logically conclude that was a contributing factor. Not the cause or the sole factor, but a contributing one. And that is all you need to win a case.

The insurance company doctor is trying to get around this by saying it was temporary pain. That is an argument they use a lot. But how can it be temporary when you have to keep doing these activities every day to do your job? How is it temporary when you were feeling fine before doing these activities?

What this case does show is the importance of being credible as an injured worker and having a good doctor in your corner. It also shows that having an attorney who knows the law and how to apply it is important. Whoever represented her appears to have done a very good job.

If you want to discuss a case, we are always happy to do so for free. Call us any time at 312-346-5578 for help all throughout Illinois.