Board of Trustees v. Industrial Commission

302 N.E.2d 288, 55 Ill. 2d 293, 1973 Ill. LEXIS 261
CourtIllinois Supreme Court
DecidedOctober 1, 1973
DocketNo. 45625
StatusPublished
Cited by12 cases

This text of 302 N.E.2d 288 (Board of Trustees v. Industrial Commission) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Trustees v. Industrial Commission, 302 N.E.2d 288, 55 Ill. 2d 293, 1973 Ill. LEXIS 261 (Ill. 1973).

Opinion

MR. JUSTICE KLUCZYNSKI

delivered the opinion of the court:

Claimant, George F. Morfey, filed an application for adjustment of claim before the Industrial Commission for an injury he sustained which arose out of and in the course of his employment with appellant, the Board of Trustees of the University of Illinois. The arbitrator entered an award for claimant finding that the injury rendered him completely disabled and wholly and permanently incapable of work pursuant to section 8(f) of the Workmen’s Compensation Act. (Ill. Rev. Stat. 1967, ch. 48, par. 138.8(f).) The Commission confirmed the award. On certiorari to the circuit court of Champaign County the Commission’s decision was affirmed, and this appeal follows. The sole issue presented for review is whether the Commission’s decision as to the extent of disability resulting from the accident was contrary to the manifest weight of the evidence.

Claimant, who was 59 years old at the time of the accident, testified before the arbitrator that on June 18, 1969, he was employed as a janitor at the University of Illinois, Champaign campus, and had been so employed for two years. On that day he was working in a residence hall moving large dining tables which he estimated to have weighed about 80 to 100 pounds each. These tables had been placed in a stack and, as he was moving them, the top table fell about 8 feet and struck him in the lower portion of the back causing him to fall. Claimant was taken by ambulance to McKinley Hospital where X rays were taken and he apparently received other medical attention. Although he said his back hurt, he returned to work after being released from the hospital several hours later but was instructed by his foreman, who witnessed the accident, to go home. The following morning claimant said he went to work and maintained his employment on an intermittent basis for several weeks after which he was unable to continue.

Claimant further testified that he presently experienced pain and that his legs did not function properly. He admitted that he had suffered a prior injury to his back while playing football in 1930. The resulting condition eventually required surgery. However, he said that his work at the university prior to the incident was on a regular basis and was performed without complaints against him. He also stated that he had experienced an ulcer problem which required surgery.

Dr. Ronald Rumer, an orthopedic surgeon, testified on behalf of the claimant. He stated, by way of deposition, that he had examined claimant in March, 1971. He noted that claimant was wearing a rigid chairback brace and moved with difficulty. Tenderness was noted in the midline between the fifth lumbar spinous process and the sacrum. Dr. Rumer said that X-ray examination indicated that claimant had a “spondylolisthesis at the fifth lumbar vertebra, actually a spondylolysis.” He described both these conditions as an interruption of bone continuity in the pars-interarticularis (neural arch). The difference, he explained, was that in spondylolisthesis the defect permits the forward slippage of the vertebra involved along with the vertebra above it. Spondylolysis is a defect present in the neural arch in which the displacement of the vertebra has not occurred. This defect is visible from X-ray examination. He was of the opinion that the defect was acquired rather than congenital and probably existed prior to the accident. He said that spondylolisthesis could be nonsymptom producing or symptom producing depending on the condition of the fiber cartilage between the two parts of the neural arch. He explained that a condition might become symptomatic, as was claimant’s, due to a force which would produce distortion between the two bone parts of the arch. If stress was placed on the fiber cartilage between these points continuous swelling might result which could only be detected by surgery. This swelling would cause pain.

Dr. Rumer further testified that at the time of his examination he believed that claimant was unable to engage in manual labor. He said that if “conservative” treatment did not alleviate the difficulty then a deep compression laminectomy might be recommended, and if the latter was unsuccessful a spinal fusion would be required. However, if none of the aforementioned courses of treatment was successful, claimant’s condition would not improve.

In response to a hypothetical question encompassing the facts in evidence, Dr. Rumer testified that a causal relationship could exist between claimant’s condition and the incident in question. He said that such an accident might cause spondylolisthesis or aggravate a pre-existing condition. He based his opinion on the duration of the problem after the incident as compared to prior complaints of back pain and the method by which the condition became symptom producing. He admitted that claimant’s present overall condition might not entirely be caused by the accident but merely that claimant’s back condition was sufficient to render him incapable of work.

The other physicians testified by deposition on behalf of the appellant. Dr. Orville Bonnett, a practicing physician who had attended claimant for ten years beginning in 1960, stated that claimant had back pain in 1962 which this physician believed originated from a muscle spasm caused by poor posture, possible arthritis and nutritional deficiency. He recalled that on several other occasions prior to the accident claimant had complained of such pain. Dr. Bonnett then described claimant’s intestinal problems in 1960 which required surgery for a perforated duodenal ulcer. He attributed many of claimant’s subsequent complaints of gastrointestinal pain to his alcoholism.

In October, 1969, claimant went to Dr. Bonnett concerning his back and abdominal pains. Dr. Bonnett said the complaint of back pains was similar to those made prior to the accident. He described claimant as being dissatisfied with the treatment given him by university physicians. He was briefly hospitalized at this time and X rays were taken which indicated, inter alia, spondylolisthesis with anterior displacement of the fifth lumbar area. Dr. Bonnett described this condition as a congenital malformation in which supports of the last lumbar vertebra, as it connects with the sacrum, are improperly formed, permitting the vertebra to slide forward. He said that this may or may not cause pain.

Dr. Walter Peterson, an orthopedic surgeon, examined claimant, who complained of back pain beginning in July, 1969. His initial examination revealed tenderness in the right lumbrosacral region. X rays confirmed that at this time claimant had spondylolysis and spondylolisthesis. He defined spondylolisthesis as a defect in the pedicles of the vertebra permitting it to slip forward. Spondylolysis was described as a degeneration of the spinal joint and this condition is visible on X rays in many instances, as was claimant’s. Dr. Peterson said that the accident did not cause spondylolisthesis. He further stated that claimant’s intestinal problems, which predated the accident, could cause back pain.

On cross-examination this witness reiterated his position that claimant was having little difficulty due to his back condition or the injury. Claimant’s counsel then questioned Dr. Peterson as to letters he had written to another physician in September, 1969, and March, 1970. In the former this witness apparently stated that claimant could not return to work unless surgery was performed.

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Bluebook (online)
302 N.E.2d 288, 55 Ill. 2d 293, 1973 Ill. LEXIS 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-trustees-v-industrial-commission-ill-1973.