Burrgess v. Industrial Commission

523 N.E.2d 1029, 169 Ill. App. 3d 670, 120 Ill. Dec. 118, 1988 Ill. App. LEXIS 534
CourtAppellate Court of Illinois
DecidedApril 27, 1988
Docket1-87-0762WC
StatusPublished
Cited by12 cases

This text of 523 N.E.2d 1029 (Burrgess 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
Burrgess v. Industrial Commission, 523 N.E.2d 1029, 169 Ill. App. 3d 670, 120 Ill. Dec. 118, 1988 Ill. App. LEXIS 534 (Ill. Ct. App. 1988).

Opinion

JUSTICE McCULLOUGH

delivered the opinion of the court:

Claimant appeals from an order of the circuit court which confirmed a finding by the Industrial Commission (Commission) that claimant’s temporary disability ended in March 1983. On appeal, claimant maintains he established he is entitled to additional benefits because of his continuing disability. Claimant argues he is also entitled to an award of additional medical expenses. Finally, respondent argues claimant is entitled to a smaller award of benefits and medical expenses because the record establishes claimant’s temporary disability ended prior to the date fixed by the Commission.

On August 20, 1981, claimant, a carpenter, injured his lower back while working for respondent. Claimant notified his employer of the accident and three days later began acupuncture treatments with Dr. Sunderlage, who administered 21 such treatments and released claimant to return to work on November 19, 1981. In February 1982 claimant saw Dr. Fisk because of continuing lower back pain. Fisk treated claimant with therapy for four weeks between February and March 1982.

In May 1982, claimant saw Dr. Imana, a neurosurgeon, who conducted nerve tests. Imana sent claimant to Dr. Yuhas for further tests. After a CAT scan and myelogram, Imana performed a laminectomy on the L5-S1 disc on June 18, 1982, and subsequently released claimant to return to work on August 17,1982.

Claimant was unable to return to respondent’s employ, however, because it had gone out of business. In September 1982 claimant accepted light carpentry work from a contractor. This employment lasted six to eight weeks before claimant quit because his back continued to hurt.

Claimant returned to Dr. Imana, who performed a myelogram and prescribed rehabilitation pain center treatment which claimant declined because prior therapy and manipulation of his back did not aid his condition. In December 1982 claimant went to Dr. Brackett, an orthopedist, who performed manipulative therapy on two occasions. Claimant discontinued these sessions because he felt worse after treatment than before. Claimant also visited Dr. Fox on February 8, 1983, for further tests.

Thereafter claimant sought treatment from Dr. Yarzagaray, a neurosurgeon, on March 15, 1983. Yarzagaray sent him to Dr. Sullivan, who performed EMC and nerve conduction tests. Claimant was also treated by Dr. Biller from May 1983 through November 1983. Biller referred claimant to Dr. Blair, who prescribed a TENS unit which provided mild electric shock to claimant’s back. Claimant wore the TENS unit constantly until May 1984.

Claimant returned to work in February 1984 running a machine for a manufacturer who produced plastic television parts. This employment lasted 34 days before claimant quit, complaining of exhaustion and constant pain. In May 1984 claimant attempted to work as a garage door opener installer. He quit after the second day, stating he was not able to lift the 15-pound weight. In August 1984 claimant went to work for Data Company for an unspecified period performing unspecified labor.

In May 1984 claimant went to Dr. McNeill, an orthopedic surgeon, who, in September 1984, suggested claimant began wearing a TLSO back brace and suggested fusion surgery to supplement the previous laminectomy. Claimant testified he did not permit fusion surgery because he could not afford it. A CAT scan was performed in August 1985 by McNeill, who again suggested this procedure.

At the arbitration hearing, claimant testified he continues to suffer numbness and pain- in his legs and back. The brace restricts his movement but relieves his pain. Claimant stated he can work while wearing the brace, but no one will hire him because of his condition.

On cross-examination, claimant admitted he had chosen all of the treating physicians with whom he visited. He acknowledged Dr. Imana indicated to him, after the myelogram in the fall of 1982, Imana could find nothing objectively wrong with him. He also admitted he told Imana on August 31, 1982, he had no pain in his back or legs. He also acknowledged Drs. Fox, Brackett, and Fisk told him between February and March 1983 they could find nothing which objectively supported the symptoms of which claimant complained. According to claimant, Dr. Fisk went so far as to call him a phony and insurance fraud.

All medical evidence was submitted by way of reports or correspondence. In chronologic fashion these records reveal the following. Dr. Sunderlage released claimant to return to full duties on November 19, 1981. On February 10, 1982, Dr. Fisk found claimant suffered from mild degenerative joint disease. He diagnosed lumbosacral strain. His diagnosis was based on an X ray showing a normal lumbar spine. On March 30, 1982, Fisk’s notes indicate there were no objective symptoms to support claimant’s complaint of continuing low back pain. Fisk recommended claimant return to work immediately and terminate his temporary total disability. A further report from Dr. Dwyer, who examined claimant, apparently at the request of respondent’s insurance carrier, in April 1982, found no objective evidence of any disability in claimant’s lower back or lower extremities. Notes made by Dr. Fisk on April 16, 1982, indicate claimant was showing “extreme denial of emotional problems.”

During this period claimant was also suffering from unrelated disabilities. He was experiencing some difficulty with his arms, wrists, and upper cervical back. Abnormalities in claimant’s C6-C7 cervical disc were noted as well as evidence of mild carpal tunnel syndrome. These conditions were unrelated to the industrial accident. In addition, claimant suffered from testicular pain and sexual dysfunction. During several months in 1982, increased swelling of the lymph nodes in the groin was noted. A urologist was consulted and after some months of therapy this problem was corrected. Several of claimant’s doctors were of the opinion some of the pain in claimant’s legs and thighs was due to this pelvic condition, which was also unrelated to claimant’s lower back problem.

On May 13, 1982, Dr. Imana diagnosed L5-S1 root irritation and early signs of carpal tunnel syndrome. Imana removed the disc on June 18, 1982. Claimant saw a rehabilitation nurse on July 26, 1982, who indicated claimant’s motivation for returning to work was difficult to assess because claimant was becoming antagonistic toward respondent over the continuing dispute about payment of benefits. Notes form Dr. Yuhas on August 26, 1982, after the myelogram indicate claimant’s neurologic exam was normal although urologic problems and impotence were still present.

On August 31, 1982, Dr. Imana recorded in his notes the fact claimant stated he had no pain in his lower back or legs and was ready to go to work. On November 11, 1982, Dr. Paul conducted an EMG test which he found normal. Paul recommended claimant visit a pain treatment center for his continuing subjective complaints.

On February 8, 1983, Dr. Ludwig, who examined claimant at the request of claimant’s attorney, found claimant reacted positively for root irritation. In contrast, an examination of February 15, 1983, by Dr. Fox found no radiculopathy present. A March 3, 1983, examination by Dr.

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Bluebook (online)
523 N.E.2d 1029, 169 Ill. App. 3d 670, 120 Ill. Dec. 118, 1988 Ill. App. LEXIS 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burrgess-v-industrial-commission-illappct-1988.