B M S Catastrophe v. Industrial Commission

614 N.E.2d 473, 245 Ill. App. 3d 359, 185 Ill. Dec. 339, 1993 Ill. App. LEXIS 566
CourtAppellate Court of Illinois
DecidedApril 22, 1993
DocketNo. 4-91-0613WC
StatusPublished
Cited by4 cases

This text of 614 N.E.2d 473 (B M S Catastrophe 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
B M S Catastrophe v. Industrial Commission, 614 N.E.2d 473, 245 Ill. App. 3d 359, 185 Ill. Dec. 339, 1993 Ill. App. LEXIS 566 (Ill. Ct. App. 1993).

Opinion

JUSTICE RARICK

delivered the opinion of the court:

Claimant, Pamela Groene, filed an application for adjustment of claim pursuant to the Workers’ Compensation Act (Ill. Rev. Stat. 1989, ch. 48, par. 138.1 et seq.) for injuries sustained in a work-related accident on February 27, 1987, while employed by BMS Catastrophe, employer. Following a hearing on her application, the arbitrator held that claimant’s injuries arose out of and in the course of her employment and that she was permanently and totally disabled as a result of her accident, thereby entitling her to compensation for life and to medical expenses of $2,070.93. On appeal, the Industrial Commission (Commission) affirmed the arbitrator’s decision, and the circuit court of Vermilion County confirmed the Commission’s decision. Employer appeals arguing the Commission’s decision is against the manifest weight of the evidence. We affirm.

At the hearing before the arbitrator, claimant testified she had worked as a supervisor for employer since 1983. In her capacity as supervisor, she was required to travel around the country and oversee cleanup crews engaged in fire and water restoration. Prior to February 27, 1987, claimant always had received excellent evaluations on her work.

On February 27, 1987, claimant was supervising the cleanup of a fire at a plant in Danville, Illinois. In the course of the day, claimant was walking on a catwalk upon which some boards were lying. Claimant tripped over the boards and struck her forehead on a steel beam. This caused her to fall down backward where she again hit her head, as well as her back, on some pipes. Immediately after, claimant was dizzy and nauseated. She asked her supervisor several times to let her get medical care, but the supervisor encouraged her to continue working. Claimant finished the job, which lasted almost a month. During this month, claimant had increasing problems with her head, neck, and other parts of her body. She suffered from dizziness and on occasion fell down. She also believed she was not making very good decisions. Once the job in Danville ended, claimant informed employer she needed to go home. Employer instead sent her to a new jobsite in Ohio. Claimant had to stop working, however, and returned home to seek medical treatment. Claimant last worked for employer on March 22, 1987, and has not been able to work at all since that time.

When claimant arrived home, she sought treatment at Lincoln General Hospital. She treated with several doctors, and eventually came under the care of Dr. James Bobenhouse. After conducting numerous tests, Dr. Bobenhouse prescribed physical therapy and medication, neither of which helped her condition. Claimant testified she stopped seeing Dr. Bobenhouse in 1989 because she could not afford to pay him. She also had to stop seeing Dr. Egger, a psychiatrist who had been treating her, for the same reason. Claimant had received workers’ compensation benefits from employer until December 1988, at which time both her benefits and medical expenses were discontinued. Claimant further testified that, at present, she has blackouts, constant headaches, and pain in her neck and back which causes her legs and arms to go numb. She explained she does have a TENS unit, but does not use it because she cannot afford to buy the “sticky pads” the unit requires. Claimant admitted on cross-examination that during the month after her accident, she worked 9 to 9V2 hours per day. She also admitted she had suffered from migraine headaches before her accident, but the headaches she now suffers from are different. The post-accident headaches also cause her to be sensitive to light and loud noises.

Dr. Bobenhouse, who testified by way of deposition, first saw the claimant on April 20, 1987, as a referral from an orthopedic surgeon. Claimant complained of ongoing problems with headaches, dizziness, forgetfulness, and neck pain, as well as numbness and tingling in her hands, since the accident in February 1987. Examination of claimant revealed tenderness at the base of the skull in the area of the greater occipital nerve. Dr. Bobenhouse diagnosed claimant as suffering from post-traumatic headaches with high cervical or upper neck muscle strain. He also believed claimant might be experiencing symptoms of thoracic outlet syndrome, a disorder often occurring after a neck injury in which muscle spasms develop in the neck and shoulders causing the nerves to become pinched as they travel through the shoulders into the arms resulting in tingling in the fingertips. Claimant was started on thoracic outlet syndrome exercises and physical therapy on her neck. Dr. Bobenhouse opined claimant’s condition of ill-being was caused by her fall on February 27,1987.

Dr. Bobenhouse next saw claimant in May 1987. At this visit, claimant complained of persistent headaches, weakness, shakiness, fatigue, memory loss, severe light sensitivity, intermittent numbness in her arms and legs, and a blackout during a severe headache. Claimant appeared to be in greater pain and more depressed than at her first visit. Dr. Bobenhouse believed claimant still was suffering from strained muscles in the back of the neck. He prescribed further pain medications and a TENS unit. He also noted claimant appeared to be developing an anxiety disorder.

At claimant’s visit in July 1987, claimant reported increasing difficulties, including tingling and burning numbness of the hands and feet. She also informed him that just prior to her examination, she had been seen in a hospital emergency room for hyperventilation syndrome. Dr. Bobenhouse felt claimant’s mental condition was deteriorating and her depression was increasing. Claimant appeared to be becoming more and more anxious and focused on her physical complaints.

Claimant next saw Dr. Bobenhouse in August. This time claimant complained of worsening pain in her neck, shoulders, arms, back and legs. She also reported having difficulty sleeping and becoming more forgetful. Examination revealed tenderness in the paraspinal muscles of her neck, mid and lower back, as well as tenderness in the shoulders and in the posterior lateral neck areas. Claimant also exhibited muscle spasms in these areas. Dr. Bobenhouse explained the muscle spasms suggested an underlying injury. He also felt claimant had some element of fíbrositis. Further medications and physical therapy were prescribed.

By her September visit, claimant’s neck and shoulder pain had become severe, her arms and legs felt weaker and her memory was worse. Claimant informed Dr. Bobenhouse she believed the physical therapy was not helpful, and, in fact, was contributing to her problems. Claimant appeared very anxious and tense. She also exhibited continued muscle spasms in her neck and shoulders and severe tenderness in the greater occipital nerve areas at the back of the head, as well as in her lower back. Dr. Bobenhouse felt claimant had considerable depression and appeared to be quite preoccupied with her health. He injected her greater occipital nerves with numbing medications and arranged for biofeedback therapy for her neck pain.

By her visit in February 1988, claimant’s condition still had not improved. In addition, she had developed a new complaint, a popping sensation in her neck and back and a “catch” in her lower back. Dr. Bobenhouse diagnosed chronic neck and back pain syndrome related to muscle spasm and strain, and possibly superimposed fíbrositis. He referred claimant to a chiropractor and suggested pain clinic evaluation.

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Bluebook (online)
614 N.E.2d 473, 245 Ill. App. 3d 359, 185 Ill. Dec. 339, 1993 Ill. App. LEXIS 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/b-m-s-catastrophe-v-industrial-commission-illappct-1993.