Articles & Updates

Foley v. City of Murphysboro Winning Arbitration Decision

Petitioner claimed carpal tunnel syndrome from her job as a data-entry/dispatcher for the employer.  She testified she worked ten hour shifts, four days a week, with a thirty minute lunch break and the ability to take other breaks as needed.  Her job involved data entry into a computer, taking notes with her dominant left hand, answering the phone and operating the radio or dispatching without a headset.  She stated that when she is doing her work her hand bothers her. 

 

Petitioner’s treating surgeon concluded that her frequent key boarding caused her carpal tunnel syndrome.  This was disputed by respondent’s examining physician who concluded that petitioner’s job duties did not cause her carpal tunnel syndrome and that “varying job duties minimized the risk of the development of carpal tunnel.”  The Arbitrator found that petitioner failed to prove that she suffered accidental injuries arising out of an in the course of her employment by respondent.  The Arbitrator cited the petitioner’s lack of credibility, particularly when she claimed that she first complained of pain in her hand in 2010 but the medical history showed bilateral complaints as early as 2004.  The Arbitrator also found that the examining physician was more credible because he had a better understanding of petitioner’s job activities. 

 

Evans & Dixon Member Attorney Jim Gallen represented the employer in this matter.