Busaytis v. Industrial Commission

533 N.E.2d 1178, 178 Ill. App. 3d 943, 128 Ill. Dec. 90, 1989 Ill. App. LEXIS 100
CourtAppellate Court of Illinois
DecidedJanuary 30, 1989
DocketNo. 3-87-0742WC
StatusPublished
Cited by1 cases

This text of 533 N.E.2d 1178 (Busaytis 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
Busaytis v. Industrial Commission, 533 N.E.2d 1178, 178 Ill. App. 3d 943, 128 Ill. Dec. 90, 1989 Ill. App. LEXIS 100 (Ill. Ct. App. 1989).

Opinion

PRESIDING JUSTICE BARRY

delivered the opinion of the court:

The arbitrator found that the petitioner, Thomas Busaytis, had failed to prove that he had suffered a compensable, permanent disability as a result of a work injury. The Industrial Commission affirmed the arbitrator’s decision. The circuit court confirmed the Commission’s decision. The petitioner appeals.

The parties stipulated that on September 1, 1979, the petitioner suffered accidental eye and face injuries arising out of and in the course of his employment. Regarding that accident, the petitioner testified before the arbitrator that he was working as a control system technician for the respondent Commonwealth Edison, when a three-quarter inch plug shot out of an air dryer, striking his left eye. Cylinder gel and crystal beads also shot out of the dryer and into both of his eyes. A hospital emergency room physician cleaned his face and eyes, prescribed eye medicine and told him to come back the next day to see ophthalmologist John Minier.

Hospital medical records introduced into evidence showed that the emergency room physician found multiple foreign bodies in both of the petitioner’s eyes. His right eye had multiple abrasions on the cornea. His left eye also had multiple abrasions, with evidence of corneal edema and hyphema. The petitioner’s right eye vision was 20/25, while his left eye vision was 20/200.

The petitioner further testified that the next day Dr. Minier examined him and told him to continue using the prescribed medicine and return in two days. Dr. Minier examined the petitioner several more times, prescribed bed rest and referred him to ophthalmologist Graham Dobbie.

Dr. Minier’s medical records introduced into evidence showed that following the accident the petitioner had a subconjunctival hemorrhage laterally in his right eye. By September 7, 1979, the right eye hemorrhage was receding. The left eye was clear and the pupil widely dilated. Dr. Minier reported that as of September 18, 1979, both eyes were normal, with each showing 20/20 vision. On September 27, 1979, the petitioner returned to Dr. Minier, complaining of pain and a sandy feeling in his left eye. On January 8, 1980, the petitioner returned complaining of flashing pain in his left eye and a droopy left eyelid.

Dr. Dobbie’s medical records in evidence show that he examined the petitioner on October 2, 1979, finding that the petitioner’s right eye looked fine and that he had vision of 20/25 in it. His left eye vision was 20/30-2. Dr. Dobbie noted that there was evidence of glaucoma in the left eye and recommended that the petitioner be checked for it periodically. Upon reexamining the petitioner on January 15, 1980, Dr. Dobbie reported that “the sluggishness of the pupil is the result of the old injury. This may eventually come back to fairly normal function, but only time will tell.”

The petitioner testified that since 1980 he had been seeing ophthalmologist Paul Sternberg at least once every two months. Dr. Sternberg’s medical records in evidence show that he examined the petitioner on February 28, 1980. At that time, the petitioner’s right eye ocular tension was 20 mm.Hg., while the left eye tension was 26 mm.Hg. (We note that other evidence in the record shows a normal ocular tension range to be 11 mm.Hg. to 21 mm.Hg. Tensions above 21 mm.Hg. indicate the presence of glaucoma.) Dr. Sternberg prescribed an antiglaucoma drug for the petitioner’s left eye. Continued use of the drug has maintained the petitioner’s left eye tension within the normal range. In an October 12, 1983, report, Dr. Sternberg stated: “Glaucoma in the left eye probably is the result of an accidental injury which had occurred while at work.”

The petitioner testified that he had no dilation or constriction problems in either eye prior to the injury; he did not wear glasses before the injury; and he had never suffered from glaucoma. He further stated that at the time of the arbitration hearing he suffered from extreme light sensitivity, blind spots in his left eye, poor overhead vision and “shooting stars” in his left eye. He now wears prescription glasses.

The petitioner introduced into evidence the medical reports from his yearly, work-required examinations. The June 29, 1979, report showed that his left eye vision was 20/25 far and 20/30 near, while his right eye vision was 20/20 far and 20/30 near. The ocular tension in his right eye was 16 mm.Hg.; the left was 20 mm.Hg.

The June 27, 1980, report showed left eye vision of 20/70 far and 20/100 near, while his right eye vision was 20/20 far and 20/40 near. With glasses, the left eye was 20/25 far and 20/30 near, while the right eye was 20/20 far and near. Ocular tension in his right eye registered 24 mm.Hg. The left eye registered 25 mm.Hg.

Reports for the next two years showed essentially the same vision, except that the right eye’s unaided vision had worsened to 20/70 near by the May 25, 1982, test. Ocular tension in 1981 and 1982 was 21 mm.Hg. in the right eye and 23 mm.Hg. in the left eye.

At the respondent’s request, the petitioner twice visited ophthalmologist Samuel M. Schall. In a September 11, 1981, letter, Dr. Schall reported that he had examined the petitioner and found his unaided vision to be 20/30 in the right eye and 20/60 in the left. With glasses, the petitioner’s vision was 20/20 right, 20/20 left. Ocular tension registered 20 mm.Hg. in the right eye, 18.5 mm.Hg. in the left eye. Dr. Schall estimated that the petitioner had lost less than 5% of his vision, though the doctor noted that the glaucoma might result in a worse ultimate prognosis.

Dr. Schall reported in a July 21, 1984, letter that he had again examined the petitioner and found unaided right eye vision of 20/25, correctable with glasses to 20/20, and left eye vision of 20/50, correctable to 20/25. The right eye ocular tension was 25 mm.Hg. The left eye was 27 mm.Hg. Dr. Schall noted that “with the onset of the suspicion of glaucoma in the right eye, which had not been injured, it must be considered that possibly patient has had glaucoma potential which is now showing up in his right eye.” The doctor further stated that the left eye had deteriorated since the 1981 examination. He estimated that the petitioner had lost 20% to 25% of his left eye vision.

The arbitrator found that the petitioner had failed to prove that any compensable permanent disability was sustained from the work injury. The arbitrator based his conclusion on “No residual loss. Eye glasses only.”

During the proceedings before the Commission, the petitioner testified that he was still employed in his same job. He had continued seeing Dr. Sternberg every two months for his left eye, but had not needed any treatment for his right eye. The petitioner also introduced into evidence before the Commission two letters from Dr. Sternberg, dated October 14, 1985, and April 4, 1986. Dr. Sternberg reported that as of September 27, 1985, the petitioner’s corrected vision in both eyes was 20/20. The antiglaucoma drug was keeping the petitioner’s left eye ocular tension at 20 mm.Hg. The right eye also registered a tension of 20 mm.Hg.

The parties waived their right to have a full panel decide the case on review.

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Related

Phillips v. Industrial Commission
543 N.E.2d 946 (Appellate Court of Illinois, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
533 N.E.2d 1178, 178 Ill. App. 3d 943, 128 Ill. Dec. 90, 1989 Ill. App. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/busaytis-v-industrial-commission-illappct-1989.