Castaneda v. Industrial Commission

596 N.E.2d 1281, 231 Ill. App. 3d 734, 173 Ill. Dec. 402
CourtAppellate Court of Illinois
DecidedJuly 13, 1992
Docket3-91-0544WC
StatusPublished
Cited by8 cases

This text of 596 N.E.2d 1281 (Castaneda 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
Castaneda v. Industrial Commission, 596 N.E.2d 1281, 231 Ill. App. 3d 734, 173 Ill. Dec. 402 (Ill. Ct. App. 1992).

Opinion

JUSTICE RAKOWSKI

delivered the opinion of the court:

The claimant, Consuelo Castaneda, was employed by HarperWyman Company (the employer) for about 10 years until she was laid off on June 19, 1987. Subsequently, on September 26, 1988, claimant brought a claim pursuant to section 19(b) of the Workers’ Compensation Act (the Act) (Ill. Rev. Stat. 1987, ch. 48, par. 138.1 et seq.), and after a hearing, the arbitrator found in claimant’s favor. The arbitrator found that claimant suffered an accident arising out of her employment on June 19, 1987, and that she was entitled to temporary total disability benefits, medical expenses and penalties due to the employer’s delay in payment of benefits. The Industrial Commission (Commission) reversed the decision of the arbitrator, finding that claimant’s injury had manifested itself on April 26, 1985, and thus the claim, filed on September 26, 1988, was outside the three-year statute of limitations set forth in section 6 of the Act. The circuit court confirmed the Commission’s decision, and plaintiff has appealed. We affirm.

The record reveals that claimant, 57 years of age, worked for the employer as an assembler, an occupation which required her to work a “lugger” machine. This required her to place parts in the lugger machine and press them down. She then would push buttons, unload the cases, and reload the machine. Finished boxes were removed from the machine, folded, taped and placed on a rack. During the course of an eight-hour day, claimant put out approximately 540 pieces. Prior to working as an assembler, which she did for about a year and one-half before leaving the employer, claimant for five or six years worked at a wiring and soldering position. This position required claimant to twist wires on individual pieces with pliers, place the pieces into a lock and solder them.

Claimant first noticed problems with her hands at the time she was performing wiring and soldering in April of 1985. At this time, she complained of swelling in her wrist and hands, and had difficulty lifting things. On April 26 and May 1, 1985, claimant made two visits to Dr. Subbiah, to whom she was referred by Dr. Interone. Dr. Subbiah ordered tests, and claimant missed some work, but then returned to work.

When claimant saw Dr. Subbiah in April of 1985, her complaints were for numbness and tingling in the hands, with the problem more acute in her right hand. Dr. Subbiah’s notes reflect “[claimant] is relating her symptoms to work.” A neurological examination revealed evidence of a positive Tinel sign bilaterally, which relates to nerve irritation. A nerve conduction study and EMG were done on April 30, 1985, and on May 1, 1985, Dr. Subbiah diagnosed claimant’s problem as “most likely *** a nonspecific arthritic syndrome *** and no evidence of neurologic disease [and] no evidence of entrapment neropathy.”

When claimant returned to work, she continued to have complaints that her hands and wrists were sore and swollen. These complaints persisted up until her last day of work in 1987. After her employment with the employer, she tried to work as a maid, but was unable to do so due to her hands. In August of 1988, claimant’s hands were hurting excessively, so she went for treatment to Dr. Vinje, who then referred her to Dr. Delacruz. On September 8, 1988, Dr. Delacruz issued a neurological report which indicated his impression of right carpal tunnel syndrome.

Claimant went to Dr. Barnes for a second opinion. Barnes first saw claimant on October 13, 1988. Upon this initial examination, Barnes made a preliminary diagnosis of carpal tunnel syndrome bilaterally. Ultimately, surgery was performed upon both of claimant’s hands in June of 1989.

Claimant has been restricted from work by Dr. Barnes since October 13, 1988. The last time she saw Barnes was September 20, 1989. Barnes testified that based on claimant’s history, her condition was causally related to her employment. He stated that she had bilateral carpal tunnel syndrome in April of 1985, but that there was no way of knowing when it first occurred.

Two witnesses from the employer’s personnel department testified that although they were aware of claimant’s hand complaints in 1985, they had no specific knowledge of any June 19, 1987, accident or hand problems claimant experienced at that time until claimant’s workers’ compensation case was underway. Richard Ryba, the employer’s personnel manager, said that claimant did not notify him of any June 1987 complaints concerning her hands, although he was aware that she had experienced problems with her hands in 1985 or 1986. Marlene Tegmeyer, the employer’s director of personnel, said that she had no notice of claimant’s hand problems in June of 1987 until she received the application for adjustment of claim. Tegmeyer related, however, that the employer had paid medical bills for claimant in 1985, relating to problems with claimant’s wrist.

We first address the issue of whether the Commission’s finding that April 26, 1985, was the day of claimant’s injury is against the manifest weight of the evidence.

Simply because claimant’s injury was not sudden does not deprive claimant of the Act’s coverage. As the Illinois Supreme Court stated in Peoria County Belwood Nursing Home v. Industrial Comm’n (1987), 115 Ill. 2d 524, 529-30, 505 N.E.2d 1026, a case in which the claimant, as here, suffered from carpal tunnel syndrome:

“Requiring complete collapse in a case like the instant one would not be beneficial to the employee or the employer because it might force employees needing the protection of the Act to push their bodies to a precise moment of collapse. Simply because an employee’s work-related injury is gradual, rather than sudden and completely disabling, should not preclude protection and benefits. The Act was intended to compensate workers who have been injured as a result of their employment. To deny an employee benefits for a work-related injury that is not the result of a sudden mishap or completely disabling penalizes an employee who faithfully performs job duties despite bodily discomfort and damage.”

In the case of Three “D” Discount Store v. Industrial Comm’n (1989), 198 Ill. App. 3d 43, 47, 556 N.E.2d 261, the court observed:

“An employee seeking benefits for gradual injury due to repetitive trauma must meet the same standard of proof as a petitioner alleging a single, definable accident. [Citation.] The petitioner must prove a precise, identifiable date when the accidental injury manifested itself. ‘Manifested itself’ means the date on which both the fact of the injury and the causal relationship of the injury to the petitioner’s employment would have become plainly apparent to a reasonable person. [Citation.] The test of when an injury manifests itself is an objective one, determined from the facts and circumstances of each case. [Citation.] A reviewing court may overturn the Commission’s factual determinations only when they are against the manifest weight of the evidence. [Citation.]”

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Cite This Page — Counsel Stack

Bluebook (online)
596 N.E.2d 1281, 231 Ill. App. 3d 734, 173 Ill. Dec. 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castaneda-v-industrial-commission-illappct-1992.