Caterpillar, Inc. v. Industrial Commission

591 N.E.2d 894, 228 Ill. App. 3d 288, 169 Ill. Dec. 390
CourtAppellate Court of Illinois
DecidedMarch 27, 1992
Docket3-91-0154 WC
StatusPublished
Cited by96 cases

This text of 591 N.E.2d 894 (Caterpillar, Inc. 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
Caterpillar, Inc. v. Industrial Commission, 591 N.E.2d 894, 228 Ill. App. 3d 288, 169 Ill. Dec. 390 (Ill. Ct. App. 1992).

Opinion

JUSTICE RAKOWSKI

delivered the opinion of the court:

The employer, Caterpillar, Inc. (employer), appeals from an order of the circuit court of Marshall County confirming an Illinois Industrial Commission (Commission) decision finding that David C. Hankins (claimant) had sustained a permanent 100% loss of the use of his right hand. The Commission’s decision awarded claimant temporary total disability (486/7 weeks), permanent partial disability (190 weeks) and interest pursuant to section 19(n) of the Workers’ Compensation Act (Ill. Rev. Stat. 1989, ch. 48, par. 138.19(n)). We affirm.

Claimant testified that while working at Caterpillar on September 13, 1982, he sustained a crush-type injury to his right hand when it was caught between a jig-mill and a 2,000-pound engine block which was hanging from a hoist. Claimant reported the injury to his foreman, Paul Amet, but did not go to first aid until two days later.

On September 19, 1982, claimant went to Methodist Hospital, where X rays were taken and he was told to “see an orthopedic right away.” The following Monday, claimant returned to Caterpillar and was treated by Dr. Cooper, who casted claimant’s right hand and referred him to Drs. Wood, Russo and Puentes. Dr. Puentes subsequently referred claimant to the Mayo Clinic in Rochester, Minnesota, where claimant was treated by Dr. Beckenbaugh. Dr. Beckenbaugh diagnosed plaintiff’s condition as Secretan’s disease and performed surgery on claimant’s right hand. On cross-examination, claimant denied injuring his right hand while operating a potato digger the Saturday before the accident at work but stated “I probably told them I was sore. My whole body was sore.”

Two co-employees, Robert Wilkins and Bill Traver, testified that they were present when claimant sustained the injury and neither noticed him having any problems with his right hand prior thereto.

Merle Jenkins, claimant’s neighbor and co-employee at Caterpillar, testified that he saw claimant on Saturday, September 11, 1982. According to Jenkins, claimant said “he had hurt his hand digging potatoes that day.” Jenkins also stated that claimant told him “he was going to go to first aid Monday.”

Patrick Richmond, another neighbor, testified that he also saw claimant on Saturday, September 11, 1982. According to Richmond, claimant stopped by his house at about 4 p.m., showed Richmond a knot on the back of his right hand and said that while he was plowing potatoes he “pulled something or something stung me in there.” Richmond also stated that approximately one week after this conversation claimant told him that he went to Caterpillar medical and told them that he had hit his hand at work. When Richmond questioned claimant as to whether that was not the same injury that had occurred last week when he was digging potatoes, claimant said “No, I hurt it at work. *** I turned it into Caterpillar. *** [T]hey will take care of it.”

In addition to claimant, those present during the potato harvest were his wife, Orla, his father-in-law, Larry Stroup, and his daughter, Denise Salisbury. They all testified that claimant did not hurt his hand while digging potatoes. Orla Hankins, who was also present with her husband when they visited the Jenkinses on September 11, 1982, denied that there was any conversation about claimant injuring his hand while digging potatoes.

The only medical testimony in this case was the deposition of Dr. Robert Beckenbaugh of the Mayo Clinic. Dr. Beckenbaugh testified that he surgically removed a fibrous growth from the tendon of claimant’s right hand which was compatible with Secretan’s disease. Dr. Beckenbaugh described Secretan’s disease as a process initiated by a single traumatic injury to the hand which is perpetuated by minor trauma. He explained:

“In Secretan’s disease, there is classically an injury of either minor or major nature to the backside or top of the hand, which results in some bleeding and swelling. Now, in an uncomplicated situation, the blood in the swollen tissues would normally be absorbed and the swelling would go down and the wound would heal. In Secretan’s disease, for reasons which are unclear, but thought to be related to repetitive minor trauma, the swelling, rather than clearing, persists, and bleeding continually recurs, which results then in the formation of a scar tissue mass, rather than the normal process of healing, which would simply clear the extra tissues in the bloodstream out of the area.”

According to Dr. Beckenbaugh, while the crushing injury claimant sustained at work was not, in and of itself, the cause of Secretan’s disease, it was, to a reasonable degree of medical certainty, the initial injury which gave rise to the condition. He further stated that the repetitive trauma, which in conjunction with the initial injury is the cause of Secretan’s disease, may be minor in nature, such as banging a hand against a door or even bumping it against a book. Finally, Dr. Beckenbaugh said there was nothing in claimant’s case history that would suggest that the repetitive trauma was self-induced.

On appeal, the employer contends that the manifest weight of the evidence in this case does not support a finding that claimant’s Secretan’s disease was proximately caused by a work-related injury. We disagree.

The employer first argues that the manifest weight of the evidence does not support a finding that claimant’s injury occurred at work or that it was accidental. Rather, the employer postulates that claimant’s initial injury did not occur at work but while he was digging potatoes. The employer further argues that even if the initial injury did occur at work, the repetitive trauma leading to Secretan’s disease did not, and/or it was intentionally inflicted.

As was explained O’Dette v. Industrial Comm’n (1980), 79 Ill. 2d 249, 253, 403 N.E.2d 221:

“In a work[er’s] compensation proceeding the claimant has the burden of proving by a preponderance of the evidence the elements of his claim and, in particular, that his injury arose out of and in the course of his employment. [Citations.] It is the function of the Industrial Commission to determine questions of fact and causation [citations], to judge the credibility of witnesses [citations], and to resolve conflicting medical evidence [citations]. Though a court might draw different inferences from the evidence, it is axiomatic that findings of the Industrial Commission will not be reversed unless they are against the manifest weight of the evidence.” (O’Dette, 79 Ill. 2d at 253, citing Phelps v. Industrial Comm’n (1979), 77 Ill. 2d 72.)

The manifest weight of the evidence is that which is the clearly evident, plain and indisputable weight of the evidence. In order for a finding to be contrary to the manifest weight of the evidence, an opposite conclusion must be clearly apparent. Drogos v. Village of Bensenville (1981), 100 Ill. App. 3d 48, 53, 426 N.E.2d 1276.

In applying these well-established principles to the case sub judice, we are in agreement with the trial court.

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Bluebook (online)
591 N.E.2d 894, 228 Ill. App. 3d 288, 169 Ill. Dec. 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caterpillar-inc-v-industrial-commission-illappct-1992.