State releases workers’ comp tests to BND [Belleville News-Democrat, Ill.]

March 07--After a delay of 324 days, the Belleville News-Democrat on Wednesday received copies of 50 randomly selected nerve tests used to award workers' compensation disability settlements to guards at the Menard Correctional Center.

The Illinois Attorney General's public access counselor ruled in April that the records are public, but Central Management Services, which processes workers' comp claims for state workers, balked at releasing them, claiming they were proprietary.

CMS appealed to the circuit court and in January a Cook County Circuit Court judge ruled that the records must be turned over to the BND reporters who requested them.

The newspaper intends to have medical professionals analyze the tests, which consist of nerve conduction velocity test findings and the conclusion of a neurologist. The tests were requested by a referring physician, usually a surgeon.

All patient identifiers were removed from the tests with the consent of the newspaper. The tests form the basis for taxpayer-funded settlements to guards who claimed that turning keys and operating locking mechanisms caused injury; usually carpal tunnel syndrome of the wrist and cubital tunnel syndrome of the elbow. Settlements, usually after surgery, ranged from $20,000 to $80,000 and were paid in addition to temporary disability pay and medical bills.

The dates of the tests range from January 2008 to into 2009.

The BND has reported that more than $10 million has been paid to Menard guards and other staffers as a result of repetitive trauma claims.

The reports generated ongoing criminal investigations including one by the Illinois Department of Insurance and by a federal grand jury in East St. Louis.

Additionally, eight workers' compensation hearing officers were dismissed including John Dibble of Freeburg, who received a settlement for delayed onset carpal tunnel syndrome of nearly $50,000 that initially was not made public.

A repetitive trauma settlement of more than $75,000 was made to the warden of Menard who has since been reassigned to a smaller prison where he serves as an assistant warden.

The newspaper has been running a graphic of a padlock on its editorial page with the notation "Public records held hostage." Now that paper has received the records, the symbol will stop appearing. The graphic published Wednesday was Day 324.

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