Anderson Clayton Foods v. Industrial Commission

526 N.E.2d 844, 171 Ill. App. 3d 457
CourtAppellate Court of Illinois
DecidedJuly 26, 1988
Docket4-87-0306WC
StatusPublished
Cited by7 cases

This text of 526 N.E.2d 844 (Anderson Clayton Foods v. Industrial Commission) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson Clayton Foods v. Industrial Commission, 526 N.E.2d 844, 171 Ill. App. 3d 457 (Ill. Ct. App. 1988).

Opinion

PRESIDING JUSTICE BARRY

delivered the opinion of the court:

The petitioner, Karen Allen, filed three workers’ compensation claims for injuries allegedly occurring on September 20, 1982, February 17, 1983, and December 22, 1983, while she was working for the respondent, Anderson Clayton Foods. The arbitrator held a consolidated hearing on the three claims. Only the latter two are before us on appeal. We will therefore limit our discussion of the facts, as much as possible, to the latter claimed injuries.

Following the hearing, the arbitrator found that the petitioner had sustained a work-related injury on February 17, 1983, but that there was no causal connection between the accident and the petitioner’s current condition of ill-being. The arbitrator further found that the December 22,1983, occurrence did not constitute an accident.

On review, the Industrial Commission found that there was a causal connection between the February 17 accident and the petitioner’s current condition of ill-being. The Commission further found that an accident had occurred on December 22, 1983. In making the latter finding, the Commission relied on Peoria County Belwood Nursing Home v. Industrial Comm’n (1985), 138 Ill. App. 3d 880, 487 N.E.2d 356, aff’d (1987), 115 Ill. 2d 524, 505 N.E.2d 1026.

The circuit court reversed the Commission and reinstated the arbitrator’s decision. The petitioner appeals, arguing that the Commission’s decisions were not against the manifest weight of the evidence and that the circuit court therefore erred in overturning them.

The burden is on the claimant to prove that her injury was causally related to her employment. (Newgard v. Industrial Comm’n (1974), 58 Ill. 2d 164, 317 N.E.2d 524.) However, aggravation or acceleration of a preexisting disease is an injury which is compensable under the Workers’ Compensation Act (111. Rev. Stat. 1985, ch. 48, par. 138.1 et seq.), if caused by some accident occurring in the course of employment. (Riteway Plumbing v. Industrial Comm’n (1977), 67 Ill. 2d 404, 367 N.E.2d 1294.) Further, an employee may be “accidentally injured” under the Act as a result of repetitive, work-related trauma even absent a final, identifiable episode of collapse. (Peoria County Belwood Nursing Home v. Industrial Comm’n (1987), 115 Ill. 2d 524, 505 N.E.2d 1026.) In repetitive trauma cases, the employee must show that the injury is work-related and not the result of a normal degenerative aging process. Peoria County Belwood Nursing Home, 115 Ill. 2d 524, 505 N.E.2d 1026.

In determining whether the claimant has met her burden of proof, the Industrial Commission is not bound by the arbitrator’s findings and may properly determine the credibility of the witnesses, weigh their testimony and assess the weight to be given to the evidence. (Rambert v. Industrial Comm’n (1985), 133 Ill. App. 3d 895, 477 N.E.2d 1364.) A reviewing court may overturn the Commission’s factual determinations only when they are against the manifest weight of the evidence. Berry v. Industrial Comm’n (1984), 99 Ill. 2d 401, 459 N.E.2d 963.

In the instant case, the petitioner testified before the arbitrator that on September 20, 1982, she was working on the respondent’s salad oil line when she felt pain in her back and neck. She reported the pain to the respondent and was subsequently off work for several weeks, during which she received treatment. Even after she returned to work, her neck hurt and she had headaches when she worked long hours.

On February 17, 1983, the petitioner fell from a broken pallet at work. Her neck immediately hurt and she reported the incident to the respondent. She was off work until June 26, 1983, during which time she received physical therapy and took medicine. She continued having neck and back pain even after returning to work.

On December 22, 1983, the petitioner was working as a “scrambler.” This involved dragging pallets loaded with boxes of empty bottles to the production line, throwing the boxes of empty bottles to another worker, and stacking the unloaded pallets. Every half hour, the petitioner would switch with her work partner and would then be in charge of placing the empty bottles onto a waist-high conveyor belt and the empty boxes onto a shoulder-high conveyor belt. During this time, she kept her head turned to the right to watch for any bottles which might fall.

As the December 22 workday progressed, the petitioner experienced pain and swelling in her arm. At the hearing before the arbitrator, she could not remember whether she told anyone at work about the pain.

On December 27, 1983, following a four-day weekend, the petitioner started working at 6:45 a,m. By 8 a.m. her neck and right arm were hurting so much that she was dropping things. She told her foreman, Pat Mast, about the pain and swelling. Mast said she would get someone to replace the petitioner. A replacement arrived at 1 p.m. By then, the petitioner had a headache and could barely return her head to a foreward position from a right-facing position.

The petitioner subsequently began taking medicine and undergoing therapy for her neck problems. In April of 1984, her physician released her to return to light-duty work. However, the respondent’s personnel director said they had no work available within her restrictions. The petitioner currently cannot turn her neck to the left or right for over five minutes without experiencing pain and headaches. She also cannot look down for an extended period. She visits her physician every two months. The petitioner has not worked since December 27, 1983.

On cross-examination, the petitioner admitted that in a car accident approximately 20 years earlier, she had fractured her skull, bruised her brain and suffered a memory loss.

The petitioner introduced into evidence before the arbitrator the deposition of family physician John A. Peterson. Dr. Peterson testified that he was the respondent’s company physician and had been the petitioner’s primary physician for her work-related medical complaints. When he saw the petitioner in October of 1982, she told him she had been pushing a case of salad oil and felt something pop in her neck. The next day, her neck was stiff. Dr. Peterson diagnosed a cervical sprain and prescribed physical therapy. On November 23, 1982, the petitioner returned to light duty work. At that time, she complained only of a slight discomfort in her neck.

Dr. Peterson next saw the petitioner on February 21, following her February 17, 1983, work accident.

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Bluebook (online)
526 N.E.2d 844, 171 Ill. App. 3d 457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-clayton-foods-v-industrial-commission-illappct-1988.