Burrell v. Industrial Commission

525 N.E.2d 935, 171 Ill. App. 3d 723, 121 Ill. Dec. 628, 1988 Ill. App. LEXIS 751
CourtAppellate Court of Illinois
DecidedMay 25, 1988
Docket1-87-1780WC
StatusPublished
Cited by4 cases

This text of 525 N.E.2d 935 (Burrell 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
Burrell v. Industrial Commission, 525 N.E.2d 935, 171 Ill. App. 3d 723, 121 Ill. Dec. 628, 1988 Ill. App. LEXIS 751 (Ill. Ct. App. 1988).

Opinions

PRESIDING JUSTICE BARRY

delivered the opinion of the court:

The petitioner, Samuel Burrell, filed an application for adjustment of claim under the Workers’ Compensation Act (the Act) (111. Rev. Stat. 1985, ch. 48, par. 138.1 et seq.). The petitioner alleged that he injured his right knee while employed by the respondent, General Motors Corporation. The arbitrator found that the petitioner sustained injuries arising out of and in the course of his employment with the respondent and awarded the petitioner medical expenses, temporary total disability and permanent partial disability for the 40% loss of the use of his right leg. The Commission reversed the findings of the arbitrator, denying an award. The circuit court confirmed the Commission’s decision. The petitioner appeals.

At a hearing before the arbitrator, the petitioner testified to the following. On Friday, October 5, 1979, the petitioner was employed by the respondent at its Electro-Motive Division plant (the plant). The petitioner’s duties included the tightening of locomotive engine bolts with a six-foot-long torque wrench. At 10 p.m. on that day, the petitioner was pulling on the wrench when he slipped, fell and hit the floor. The petitioner landed first on his knee, then his back, then his whole body. He was lying on his knee after the fall; and he felt pain there.

About 30 minutes later, the petitioner’s supervisor, Harvey Blanden, approached the petitioner. Blanden had heard that the petitioner had fallen. He asked if the petitioner wanted to go to the plant medical department. The petitioner replied that he felt all right and that he was going to go home and “see what happened.”

The following Monday, October 8, 1979, the petitioner called his family physician, Dr. G. J. Mouzon. Dr. Mouzon instructed the petitioner to go back to the plant for X rays. The petitioner returned to the plant the following Wednesday. When he went to the medical department for X rays, the company doctor informed the petitioner that he believed the petitioner’s condition was a private matter and that they would not X ray him. The petitioner then returned to work.

The petitioner began missing work intermittently starting in November of 1979. He was experiencing pain when squatting all the way down and was having difficulty walking up and down stairs. The petitioner discontinued working in April of 1980.

In May of 1980, the petitioner began seeing Dr. Michael Treister. The doctor began the petitioner on a course of treatment which included physical therapy. The petitioner underwent surgery for his knee on August 1, 1980, and continued therapy through October of 1980. He returned to work in late October of 1980 and was released from Dr. Treister’s care in January of 1981.

The petitioner stated that he had not had any knee injuries prior to or since October 5, 1979. He continued to experience frequent pain on the job and problems walking up and down stairs.

On cross-examination, the petitioner stated that the instant fall dazed him. The petitioner recollected that his knee hit the floor first. He could not remember if he hit his back. He said he reported the accident by phone on Monday following the accident, returned to work on Wednesday and went to see the plant doctor on Thursday. The petitioner stated that he first saw Dr. Mouzon about one month later. He denied that he first saw Dr. Mouzon on April 8, 1980. The petitioner further denied that the first time he visited the medical department for his knee injury was March 11,1980.

The petitioner called Ismael Nodarse to testify. Nodarse testified that he was working with the petitioner on October 5, 1979. Nodarse stated that he was watching the dial on the petitioner’s torque wrench when he saw the petitioner suddenly fall to the ground. Nodarse could not recall which part of the petitioner’s body struck the floor first. Nodarse also could not remember if he saw the petitioner talk to Blanden afterwards. On cross-examination, Nodarse stated that the accident occurred close to quitting time, “in the neighborhood of 10:30, 11, 11:30” at night. Nodarse also stated that when he went to pull the petitioner off the floor, the petitioner appeared to be in pain.

The petitioner introduced a number of exhibits, three of which are relevant here. The first was two receipts for bills for visits to Dr. Mouzon’s office dated April 8, 1980, and November 3 of an unknown year, respectively. The second was a letter from Dr. Treister to the respondent dated January 21, 1981. In the letter, the doctor stated that he last examined the petitioner on January 15, 1981. From that exam, Dr. Treister concluded that there was a “residual permanent disability on an industrial basis” resting on the “post-operative state of the patella”; that there was a “high probability for future degenerative osteoarthritis” in the right knee joint as “the result of a cartilaginous injury to the patella”; and that the petitioner should avoid kneeling and squatting as much as possible. The third was the report of a May-27, 1980, examination of the petitioner conducted by Drs. Robert Busch and Hyman Hirshfield. In the report, the doctors found a contusion and strain of the right knee with impaired motility and swelling. When the petitioner’s attorney introduced this exhibit, he stated that if Drs. Busch and Hirshfield were called to testify, they would causally connect the petitioner’s condition to the October 5, 1979, accident and they would state that the petitioner’s condition was permanent. The respondent objected to this characterization of the evidence. The arbitrator received the evidence.

The respondent called Harvey Blanden to testify. Blanden testified that he believed that the petitioner worked under his supervision in October of 1979. Blanden stated that on the date of the alleged accident, the petitioner did not report an injury to him. On cross-examination, Blanden stated that he could not recall the month of October in 1979 and admitted that it was possible that the petitioner had reported the injury to him. Blanden also stated that he makes a record when a worker is sent to the medical department for an injury but that there would be no record of the petitioner’s visit to the medical department unless he had sent the petitioner there immediately after the incident.

The respondent introduced two exhibits into evidence. The first exhibit was an insurance claim form. The first side of the form was filled out by the petitioner. In describing the accident, the petitioner stated that while pulling on a torque wrench, he slipped and fell, knocking himself semiunconscious. Dr. Mouzon, who completed the reverse side, listed April 8 and April 17, 1980, as dates of the petitioner’s treatments during his period of disability.

The second exhibit for the respondent was a letter from Dr. E. Thomas Marquardt. It stated that in a September 3, 1981, examination of the petitioner, the petitioner complained to the doctor of pain around his kneecap, and difficulty in squatting, kneeling and climbing. Dr. Marquardt found that the petitioner’s knee had a full range of motion but that the petitioner resisted the motion.

On review, the Commission heard no new testimony. However, both sides introduced various exhibits. The respondent presented Dr. Marquardt’s report of his March 2, 1984, examination of the petitioner.

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543 N.E.2d 1099 (Appellate Court of Illinois, 1989)
Burrell v. Industrial Commission
525 N.E.2d 935 (Appellate Court of Illinois, 1988)

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Bluebook (online)
525 N.E.2d 935, 171 Ill. App. 3d 723, 121 Ill. Dec. 628, 1988 Ill. App. LEXIS 751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burrell-v-industrial-commission-illappct-1988.