Baldwin v. Illinois Workers' Compensation Commission

949 N.E.2d 1151, 409 Ill. App. 3d 472, 351 Ill. Dec. 56, 2011 Ill. App. LEXIS 420
CourtAppellate Court of Illinois
DecidedApril 28, 2011
Docket4-10-0375 WC
StatusPublished
Cited by14 cases

This text of 949 N.E.2d 1151 (Baldwin v. Illinois Workers' Compensation 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
Baldwin v. Illinois Workers' Compensation Commission, 949 N.E.2d 1151, 409 Ill. App. 3d 472, 351 Ill. Dec. 56, 2011 Ill. App. LEXIS 420 (Ill. Ct. App. 2011).

Opinion

JUSTICE HOFFMAN

delivered the judgment of the court, with opinion.

Presiding Justice McCullough and Justices Holdridge, Hudson and Stewart concurred in the judgment and the opinion.

OPINION

The claimant, Cathy Baldwin, appeals from an order of the circuit court of Vermilion County which confirmed two decisions of the Illinois Workers’ Compensation Commission (Commission) denying her benefits under the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seg. (West 2004)) for injuries she sustained on October 8, 2006, and November 19, 2006, while in the employ of Securitas Security Services (Securitas). For the reasons that follow, we affirm the judgment of the circuit court.

The following is a summary of the relevant evidence adduced at the arbitration hearing.

The claimant was employed by Securitas as a security guard. On October 8, 2006, she was assigned to inside guard duty, which consisted of walking throughout a building and walking around the outside perimeter. According to her testimony, she was descending a metal staircase when she slipped and fell, landing on her left side. She testified that she did not know what caused her foot to slip. She saw no defect on the step or any liquid substance thereon. At the time that she slipped, the claimant was wearing shoes with rubber soles, she was not in a hurry, and her hands were free. The claimant stated that, just prior to her fall, she had walked through a freezer and moisture “might” have been on her shoes. However, she admitted that she did not know what actually caused her foot to slip. The claimant testified that, prior to October 8, 2006, she had never experienced any problems with her legs, she did not suffer from any medical condition that affected her balance or made her dizzy, she had no problems walking or going up or down stairs, and she had never used a cane.

Following her fall on October 8, 2006, she sought medical treatment at Provena Medical Center (Provena). The records of that visit indicate that the claimant was diagnosed with a left buttock/left posterior hip contusion with secondary spasms and pain in the left buttock, left thigh and left hamstring muscle. The claimant was given a TENS unit, prescribed medication, placed on an off-work status, and advised to return on October 12, 2006, for follow-up treatment.

When the claimant returned to Provena on October 12, 2006, she continued to complain of pain. Her diagnosis remained unchanged. She was given a cane to assist her with walking and advised to return on October 19, 2006, or sooner if necessary.

Provena’s records reflect that when the claimant returned on October 17, 2006, she reported increased pain when she walked long distances and when she sat for prolonged periods of time. She also reported that the TENS unit was helping and that, generally, her pain was improving. The attending physician continued the claimant’s use of a cane and a TENS unit, continued to prescribe medication, and recommended a referral to a physical therapist for evaluation and treatment.

When the claimant returned to Provena on November 3, 2006, she reported difficulty with stair climbing. The attending physician’s notes of that visit state that on examination the claimant walked normally and that her stair-climbing exercises were “okay,” but some pain and difficulty were noted with repetition. The claimant’s medications were extended, and she was to continue the use of the TENS unit, complete the physical therapy regimen, and use the cane on an as-needed basis.

On November 16, 2006, the claimant returned to Provena and reported that the physical therapy sessions had helped, that she was 90% improved, and that she was pain free. The notes of that visit state that the claimant had worked outside on the previous night in the cold and rain and that she had tolerated the work well. The attending physician’s report states that, on examination, the claimant demonstrated normal function. She was advised to continue home exercises, released to return to regular work immediately, and discharged from care.

The claimant returned to light-duty work at 11 p.m. on November 16, 2006. According to the claimant, she informed her supervisor, Greg Daugherty, at the beginning of her shift that her leg was still hurting and that she did not believe she could do inside guard duties because of all of the walking involved. The claimant testified that Daugherty told her to take her time and do part of her rounds and sit down before doing the rest. When Daugherty testified, he stated that, after the claimant returned to full-duty work, she told him that she felt “great” and never complained of leg cramping or soreness.

On November 18, 2006, the claimant was placed on inside duty requiring her to walk throughout the building and walk around the outside perimeter.

On November 19, 2006, the claimant was again assigned to inside duty. She testified that while walking up a flight of stairs her leg began to cramp and throb. The claimant stated that, when she attempted to walk back down the stairs, her leg began cramping “real bad” and gave out, causing her to fall.

After her fall, the claimant was taken to Provena, where she was diagnosed as having suffered a pelvic fracture. She was admitted to the hospital but, on November 22, 2006, she was transferred to the Danville Care Center for follow-up care and treatment.

At the request of Securitas, Dr. D. Dirk Nelson reviewed the claimant’s medical records from both falls. His diagnosis of the claimant’s injuries agreed with those of the attending physicians at Provena. In his report dated January 9, 2007, Dr. Nelson opined that the claimant’s fall on October 8, 2006, did not cause or contribute to any condition that might have influenced her injury on November 19, 2006. Additionally, he did not believe that any part of the claimant’s injuries on October 8, 2006, would have caused her leg to give way and cause additional injury on November 19, 2006.

On January 24, 2007, the claimant was examined by Dr. David J. Fletcher at the request of her own attorneys. In his report of that examination, Dr. Fletcher opined that the claimant’s leg injury and subsequent condition from her first fall contributed to bringing about her second fall. According to Dr. Fletcher, the claimant “was not 100% with the left leg and buttock contusion suffered from the first fall when she returned to full duties after 11/16/06.” The two applications for adjustment of claim filed by the claimant for the injuries she sustained as a result of the falls on October 8, 2006, and November 19, 2006, were consolidated for a hearing pursuant to section 19(b) of the Act (820 ILCS 305/19(b) (West 2006)). Following that hearing, the arbitrator issued a separate decision for each case, concluding in both cases that the claimant failed to prove that she sustained injuries arising out of and in the course of her employment with Securitas. As a consequence, the arbitrator denied the claimant benefits under either claim.

The claimant filed a petition for review of the arbitrator’s decisions before the Commission.

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Bluebook (online)
949 N.E.2d 1151, 409 Ill. App. 3d 472, 351 Ill. Dec. 56, 2011 Ill. App. LEXIS 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldwin-v-illinois-workers-compensation-commission-illappct-2011.