Britton v. Harrah's Metropolis Casino, 17 ILWCLB 132 (Ill. W.C. Comm. 2009).
The Illinois Workers' Compensation Commission held that a casino employee successfully proved a compensable back injury due to her repetitive work duties. She was awarded medical expenses, temporary total disability, penalties, and attorney's fees.
What it means:
In Illinois, an orthopedic specialist's testimony that the employee's work duties aggravated a previous back injury, along with the employee's own supportive testimony, constitutes sufficient evidence of a work-related, repetitive stress injury.
A casino dealer alleged she sustained a compensable back injury while dealing a stand-up card game. She testified that the game required her to twist her upper torso in order to take the cards in her left hand from the card dispenser located on her right side. The employee's doctor opined that she aggravated a prior back injury which was caused by repetitive bending and twisting as a card dealer. However, the casino's expert argued that the work incident was a minor contributing factor. The Workers' Compensation Commission affirmed and adopted the arbitrator's decision regarding compensability and remanded to reconsider the medical expenses and penalties to be assessed. The commission agreed the employee established her accident arose out of and in the course of employment and that a causal relationship existed between the accidental injury and her current back condition.
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October 15, 2009
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