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IWCC denies Mental Health employee's workers' comp. claims

Posted June 11, 2015 11:00 pm

By Pete Spitler The Herald Tribune

In a May 20 filing, the Illinois Workers' Compensation Commission denied two claims by Chester Mental Health Center employee Andrea Dunn regarding two accidents reported last year.

According to its website, the IWCC resolves disputes between employees and employers regarding work-related injuries and illnesses.

The vast majority of disputes are resolved by settlement.

The notice of the decision in the case Dunn v. Chester MHC was received by the Illinois Attorney General's workers' compensation office in Carbondale on June 8. The dates of the accidents were listed as January 29 and May 15 of 2014.

In a pair of similar seven-page reports acquired from the attorney general's office, IWCC arbitrator Edward Lee pointed to a Facebook post Dunn made as a factor in his decision to deny the claims.

Dunn, who reportedly first alleged she sustained injuries to her right arm/elbow and right hand as a result of repetitive duties while working as a clinical pharmacist for CMHC, was pictured on the social media site using a miter saw to cut hardwood flooring.

According to the report, Dunn testified to the IWCC at a March 24, 2015 hearing in Collinsville that she bought a 2,400-square-foot home in 2013 and had recently remodeled it. The Facebook post in question was listed in the report as the following:

"Thanks everyone! Today was the first 'labor of Love' day. With some great help, we ripped out about 2,000 square feet of carpet, pad and baseboards among some other projects. It's going to be a manual labor kinda week for this girl!"

The post's date was not specified in the report and a Facebook account for Dunn could not be found by the Herald Tribune.

During testimony, Dunn was asked if she ripped out the flooring and she testified that she personally did not rip out any flooring. She also testified that she "helped where needed," but didn't take on any projects herself.

Dunn later testified that she helped her contractor "cut a couple of boards" and that she helped to lay "maybe (a) few boards" of flooring, but denied hand-scraping wallpaper off the walls and said she hired someone to do the painting with the exception of the entryway.

A witness, Jeffrey Sauzek (who was described as another clinical pharmacist at CMHC with similar duties as Dunn), testified he was aware Dunn remodeled her house, based upon discussions at work. Sauzek also testified that Dunn told him she personally did the flooring, painted and "maybe stripped wallpaper."

In regard to her duties at CMHC, Dunn reportedly told at least four different doctors she had to lift and deliver cassettes of medication (which contain a 24-hour supply) up to 40 times per day and that the cassettes weighed 25 pounds each - with repeated lifting as the stated cause of her injuries.

The cassettes were reportedly on a cart for her to deliver to units at the facility. Dunn testified that filing and delivering the cassettes is her primary job duty.

During cross-examination, Dunn testified that while there are six units to deliver medication to, she would only deliver to one or two per day. She also reportedly admitted she personally filled only six or fewer cassettes per day and lifted them only 18 times unless it was Thursday or Friday.

On those days, the cassettes are double-filled as pharmacists would not be on duty on weekends. Dunn testified that on the double-filled days, she may lift the cassettes as many as 40 times, "but it could be fewer."

She also estimated it would take 10 seconds to lift a cassette on and off the cart.

From February 17, 2014 to October 13, 2014, Dunn underwent examination from several doctors and was prescribed physical therapy and work restrictions as part of treatment for her symptoms.

In a November 13, 2014 evidence disposition, Dr. Anthony Sudekum (who previously examined Dunn in June of 2014 at CMHC's request) said he reviewed records from Dunn's previous doctors and testified she suffered from ulcerative colitis.

Ulcerative colitis was described in the report as an inflammatory bowel disease, that may cause symptoms outside of the intestines - including musculoskeletal pain.

Sudekum later testified that he did not believe Dunn's work activities caused or aggravated her condition.

Lee's six-paragraph arbitrator's conclusion was harsh. Besides stating Dunn failed to prove she sustained an accident on the dates in question, the report said that none of Dunn's doctors "had an accurate understanding of how often she was performing the task alleged to be repetitive."

Lee also stated that Dunn's own Facebook page, plus testimony from her co-worker, contradicted her claims that she did not personally perform any of the remodeling on her home.

Dunn's claims for both prospective medical treatment for her upper right extremity and compensation (the amount was not specified) were denied.

During a phone call to CMHC seeking comment, the Herald Tribune was directed to Veronica Vera, acting director of communications with the Illinois Department of Human Services.

Vera told the Herald Tribune that TRISTAR Risk Management handles all of her agency's workers' compensation claims.

"They make the decision whether or not to approve or deny a claim," Vera said. "If a claim is denied and appealed, it will go to an arbitrator.

"For privacy and confidentiality reasons, I don't get any more information about it than that."

Attorney Jason Coffey, of the Chester law office of Fisher, Kerkhover, Coffey and Gremmels, said he did not have any comment when contacted by the Herald Tribune.

Coffey defended Dunn in this case. Phone messages left for Dunn were not immediately returned.

In an email to the Herald Tribune, Natalie Bauer Luce, communications director with the attorney general's office, said Dunn has up to 30 days to file for a review of the decision from the date it was issued.

The Herald Tribune will continue to have updates on this story as they become available.

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