In the recent case Williams v. Rehab and Care Center of Jackson County, the Commission awarded benefits to the claimant for disability relating to disc herniation, but denied any benefits for her fibromyalgia. Fibromyalgia is a medical disorder characterized by chronic widespread pain and a heightened and paintful response to pressure. The Commission found that the claimant did not present sufficient evidence establishing a relationship between the fibromyalgia and her work accident. The main point to be gleaned from this case is that the absence of symptoms consistent with fibromyalgia until 38 months after the work accident constitutes strong evidence negating a causal relationship between accident and fibromyalgia.
The claimant was working as an administrative assistant on October 27, 2004, when she injured her back lifting a box. She was later diagnosed with a disc herniation. Instead of surgery, she opted to receive conservative treatment, but her symptoms failed to improve. In January 2008, she was also diagnosed with fibromyalgia. The claimant's family doctor testified that chronic back pain can cause fibromyalgia and that there was a causal relationship between the work accident and fibromyalgia. The defendant's medical expert stated that if the claimant did, in fact, have fibromyalgia, that it was not caused by her job. The arbitrator awarded temporary total disability for the disc herniation, but ultimately found that the claimant failed to establish a causal connection between the fibromyalgia and the work accident, as there were no symptoms consistent with fibromyalgia until 38 months after the accident.
If you have questions or concerns about your condition and its relation to a work injury, please contact you Illinois Work Injury Attorney.
Causal Connection / Causal Relationship
August 16, 2010
