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Concrete Strictures of the Midwest v. Industrial Commission8/4/2000
Claimant, Doris Ramirez, sought benefits pursuant to the Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 1996)) for injuries sustained while in the employ of Concrete Structures of the Midwest, Inc., employer. The arbitrator found claimant sustained accidental injuries arising out of and in the course of her employment and awarded her 18 3/7 weeks temporary total disability and medical expenses of $2,178. On review, the Industrial Commission (Commission) affirmed the decision of the arbitrator, and the circuit court of Cook County confirmed the decision of the Commission. Employer appeals contending the finding of causal connection between claimant's injuries and her employment is against the manifest weight of the evidence. We affirm.
Claimant, a 26 year old carpenter, began working for employer November 6, 1996. She had been employed as a carpenter since February 1993 for various other companies. While working for employer claimant was assigned the job of building concrete forms for the foundations of pumping houses. Such assignments required claimant to hammer, use a sledgehammer and wrench and cut wood with a contractor's saw. Claimant described a contractor's saw as a longer and heavier circular saw which required the use of both hands in order to operate it. She testified gripping the saw required a lot of strength and vibration went into both of her hands upon using the saw. On November 16, 1996, claimant noticed her hands were numb and she could not feel the fingertips. Claimant had previously experienced occasional tingling sensations in both hands and fingers prior to working for employer but such sensations went away after taking aspirin. Claimant lost no time from work because of her hands prior to November 16 nor did she have any medical treatment for them. This time the tingling and numbness continued on and off through the workday. Claimant noted the tingling became more pronounced the harder the work. By November 16, the pain was so intense claimant testified she could not sleep. Claimant sought treatment with Dr. Scott O'Conner on November 18, 1996. He found positive Phalen and Tinel signs bilaterally and diagnosed bilateral carpal tunnel syndrome. Claimant was instructed to remain off work. Dr. O'Conner opined claimant's employment with employer exacerbated a pre-existing condition of carpal tunnel syndrome. Claimant was examined again on December 4, 1996, and was prescribed an EMG and surgery. The EMG revealed severe carpal tunnel syndrome. Claimant was also examined by Dr. Michael Raymond who confirmed Dr. O'Conner's findings and opinions.
Employer's expert, Dr. Robert R. Schenck, saw claimant on April 11, 1997. According to the tests he administered, claimant was suffering from a mild to moderate bilateral carpal tunnel syndrome. He opined her carpal tunnel syndrome was an idiopathic pre-existing condition and was not related to, or aggravated by, her employment with employer given claimant's history of prior tingling and the short duration of her employment with employer.
The Commission concluded claimant's carpal tunnel syndrome was aggravated by her work for employer. The Commission therefore found that claimant sustained accidental injuries on November 16, 1996, which arose out of and in the course of her employment.
It is well established that it is the function of the Commission to decide questions of fact and causation, to judge the credibility of witnesses and to resolve conflicting medical evidence. See Mendota Township High School v. Industrial Comm'n, 243 Ill. App. 3d 834, 836, 612 N.E.2d 77, 78 (1993); Dexheimer v. Industrial Comm'n, 202 Ill. App. 3d 437, 442, 559 N.E.2d 1034, 1037 (1990). Though we might draw different i
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