Lori Cady v. Menard Correctional Center, 13 IWCC 981

Petitioner began employment with Menard Correctional Center as a nurse in November 2008. Petitioner began to notice symptoms in her right foot in May of 2011. Petitioner was diagnosed with a tear to her right Achilles tendon and also right Achilles tendonitis. She filed an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission alleging an accident date of September 1, 2011. Petitioner alleged that her condition of ill-being to her right foot was a result of repetitive walking.

The case proceeded to hearing on December 11, 2012, before the Arbitrator at the Herrin docket. Petitioner alleged that her right foot condition was from climbing stairs, walking, and standing “periodically all day long”. The Arbitrator found that Petitioner sustained a repetitive trauma injury to her right foot attributable to the requirement that she spend at least six hours a day on her feet, walking, standing, and climbing stairs, and on occasion she would have to work 16 hour days. The Arbitrator awarded 2 2/7 weeks of temporary total disability benefits, and ordered Respondent to authorize and pay for prospective treatment recommended by an orthopedic specialist.

Respondent appealed the 19(b) Arbitration Decision. The Commission reversed the 19(b) decision and denied compensation to Petitioner. In denying benefits, the Commission noted that “the Commission does not believe that the mere act of ‘repetitive standing’ or ‘repetitive walking’ constitutes an accident as contemplated under the Workers’ Compensation Act.”