As previously reported, I&F defended a case in which the claimant alleged that removing and installing tires with an air gun, in conjunction with the use of a torque wrench to tighten nuts, resulted left carpal tunnel syndrome, lumbar radiculopathy, cervical radiculopathy, and left ulnar neuropathy.  Prior to trial, partner Scott McCain thoroughly investigated the petitioner’s job duties by speaking with the claimant’s supervisor and the claimant’s co-workers.

The claimant testified that the number of cars that he worked on varied on a daily basis, and that the maximum number of cars he worked on per day was  8.  The claimant also acknowledged that there was a maximum of 32 tires changed in an 8 hour work day. While not working on cars, the claimant would stock the warehouse and change flat tires. Furthermore, I & F  elicited an admission from the claimant that he never experienced cervical pain or left elbow pain at work.  The Arbitrator concluded that the level of work the petitioner testified to was insufficient to have caused a repetitive trauma injury, and found that the petitioner did not sustain an accident arising out of and in the course of his employment.

The petitioner appealed the decision to the IWCC. In a unanimous decision, the IWCC affirmed and adopted the decision of the Arbitrator. We await a decision by petitioner’s counsel as to whether an appeal to the Circuit Court will be filed.