Caterpillar Logistics, Inc. v. Perez

Federal 7th Circuit Court
Civil Court
Citation
Case Number: 
No. 13-1106
Decision Date: 
December 12, 2013
Federal District: 
Petition for Review, Order of Occupational Safety and Health Review Comm’n
Holding: 
Petition granted
Record failed to support ALJ determination that employer failed to report work-related injury as required under 29 CFR section 1904.5(a), where employee developed epicondylitis near his elbow, and where employee’s job in packing department required repetitive hand movements and turning of his wrists, elbows and shoulders. Employer’s investigation panel, in relying on National Institute for Occupational Safety and Health guidelines, could properly conclude that employee’s work environment could not have caused his condition, especially in absence of employee’s use of force in his movements. Moreover, lone expert, who opined that employee’s repetitive movements, by themselves, must have caused his condition, failed to explain why no other worker in packing department had developed employee’s condition, and neither ALJ nor lone expert could ignore employer’s actual experience in packing department to find that working conditions in said department caused employee’s condition.