Articles & Updates

Shirley v. Physician’s Surgery Center

by Katherine M. Whitaker

Facts: The petitioner brought four cases for a 19(b) hearing before the Arbitrator. Injures alleged included repetitive injuries, bilateral cubital tunnel syndrome and left shoulder impingement with four alternative manifestation dates. One of three different carriers stood to pay benefits depending on the manifestation date.

Findings: The Arbitrator found the manifestation date was May 21, 2009; the date the doctor diagnosed bilateral cubital tunnel syndrome and left shoulder anterior instability and impingement causally related to petitioner’s employment with Physician’s Surgery Center. The case was appealed by the respondent. On appeal, the Commission modified the Arbitrator’s award and found the manifestation date was January 6, 2009. This manifestation date awarded all benefits under petitioner’s employment with Southern Illinois Medical Services.

James M. Gallen represented Physician’s Surgery Center at Arbitration. James M. Gallen and Katherine Whitaker represented Physician’s Surgery Center on appeal to the Commission, Circuit Court and Appellate Court.

The Commission’s Decision has been affirmed by the Circuit Court of Williamson County and the Workers’ Compensation Commission of the Appellate Court of Illinois.