Caterpillar Tractor Co. v. Industrial Commission

574 N.E.2d 1198, 215 Ill. App. 3d 229, 158 Ill. Dec. 805, 1991 Ill. App. LEXIS 931
CourtAppellate Court of Illinois
DecidedJune 5, 1991
Docket4-90-0159WC
StatusPublished
Cited by4 cases

This text of 574 N.E.2d 1198 (Caterpillar Tractor Co. 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 Tractor Co. v. Industrial Commission, 574 N.E.2d 1198, 215 Ill. App. 3d 229, 158 Ill. Dec. 805, 1991 Ill. App. LEXIS 931 (Ill. Ct. App. 1991).

Opinion

JUSTICE LEWIS

delivered the opinion of the court:

Claimant, Donald Hughes, filed an application for adjustment of claim pursuant to the Workers’ Compensation Act (Ill. Rev. Stat. 1981, ch. 48, par. 138.1 et seq.) for injuries to his right arm and shoulder which arose out of and in the course of his employment for the respondent, Caterpillar Tractor Company. An arbitration hearing was held on the claimant’s application on May 16, 1986, following which the arbitrator held that the claimant failed to prove that his accidental injuries arose out of and in the course of his employment on May 2, 1980, and denied him benefits. On review before the Industrial Commission (Commission), the Commission reversed the arbitrator’s decision, finding that the claimant’s injuries arose out of and in the course of his employment under a repetitive trauma theory. The Commission awarded the claimant temporary total disability for 13% weeks and permanent partial disability for 25% loss of the use of his right arm. Subsequently, the circuit court confirmed the Commission’s decision, and the respondent appeals.

On appeal, the respondent initially contends that the Commission improperly granted the claimant benefits under a repetitive trauma theory as the Commission considered this theory sua sponte for the first time on review. Secondly, the respondent claims that the Commission’s decision that the claimant’s injuries arose out of and in the course of his employment was against the manifest weight of the evidence. Before considering these issues, a statement of the facts is necessary.

The only testimony presented at the arbitration hearing was presented by the claimant. He testified that he had been employed by the respondent since May 7, 1973. On May 2, 1980, he was working as a shell machine operator, a job he had performed for approximately one year. Prior to his work as a shell machine operator, the claimant had worked as a pneumatic chipper for 5% years. The claimant’s work as a chipper had entailed the use of an air hammer to clean the “fins” and dirt from castings. His duties as a shell machine operator involved picking up cores for engine blocks by a hoist, pulling the cores around an overhead track, setting the cores down on another track, and pushing the cores down the line about 30 feet. The cores weighed over 100 pounds, and the claimant picked up and moved approximately 300 to 350 cores per day. The work performed by the claimant required a “lot of pushing and pulling and hoisting” of piece parts and required the claimant to work with his arms overhead. The claimant also picked up and placed smaller cores by hand onto the other track.

On May 2, 1980, the claimant experienced extreme pain in his right shoulder, and his right arm went numb. The claimant went to the respondent’s first aid station and sought treatment. The claimant told the first aid personnel that his right shoulder was hurting from “pulling and pushing on the hoist.” At that time, the first aid personnel treated the claimant’s right shoulder with heat packs. The claimant testified that he also saw the respondent’s doctor in May 1980 for his right shoulder.

According to the claimant, prior to May 2, 1980, he had trouble with his right shoulder for a number of years, and, in the year immediately preceding May 2, 1980, he sought treatment for his hands and shoulders from the respondent’s first aid station on numerous occasions. The treatments administered by the respondent’s doctor and nurse were whirlpool baths for his hands and heat packs for his shoulders.

In addition to the treatment from the respondent’s first aid station, in March 1980 the claimant sought treatment for his right shoulder from an outside doctor, Dr. David Conners. In March 1980, the claimant’s right arm was painful and tended to “go numb” frequently. The claimant again saw Dr. Conners shortly after May 2, 1980. At that time, Dr. Conners recommended surgery on his right shoulder.

The claimant underwent surgery to his right shoulder in September 1980. From May 2, 1980, until his surgery on September 4, 1980, the claimant continued to work at his job as a shell machine operator; however, he received heat pack treatments on his right shoulder from the respondent’s first aid station almost daily. The treatment with heat packs soothed his pain temporarily, but, when he resumed his work and used his shoulder, his pain returned.

After the claimant’s surgery to his right shoulder in September 1980, he received physical therapy for four to six weeks. The claimant subsequently returned to work on December 8, 1980, with the restrictions that he not lift more than 40 pounds and that he not do overhead work. The claimant continued to work; however, he was laid off in November 1984 and was not working at the time of arbitration because of his layoff.

The claimant testified that he continues to suffer from pain in his right shoulder, but his surgery had relieved his pain somewhat. Additionally, if the claimant lifts his right arm too high, i.e., raises his elbow a little higher than his shoulder, he would experience a sharp pain in his shoulder and his shoulder would “give way.” The claimant further stated that if he uses his right arm too much, e.g., if he mows the lawn with the lawn mower, his right arm becomes numb, and he has trouble sleeping that night.

On cross-examination, the claimant admitted that he had surgery for bilateral carpal tunnel syndrome in 1978, for which he filed a workers’ compensation claim. At that time, the claimant received benefits for a 15% loss of use of each hand. It was due to this disability that the claimant was taken off the chipper job and was given the job as a shell machine operator. The claimant further admitted that he had been having complaints with his shoulder since 1976, after working 2% years as a chipper. The claimant stated that the doctor told him he had osteoarthritis in his shoulder joint. The claimant denied that he told the respondent’s first aid personnel and Dr. Conners that he had not had an injury to his shoulder.

The only other evidence presented at the arbitration hearing was the medical records of Methodist Hospital, the medical notes of Dr. Conners, the medical records from the respondent’s first aid station, and weekly disability forms completed by the claimant. The medical records from the respondent’s first aid station consisted of the following: On April 1, 1980, the nurse wrote that the claimant had been to the first aid station on March 27, 1980. The nurse’s note indicated that the claimant had been having trouble with his right shoulder for the past month, and that the claimant had seen Dr. Conners the previous day (March 26, 1980). At that time, the doctor told him that he had arthritis and a “bad joint” in his shoulder. The nurse’s note also stated that the claimant told her he knew of no injury to his shoulder.

The respondent’s doctor’s note of April 7, 1980, reported that the claimant complained of discomfort in his right AC (acromioclavicular) joint when his shoulder was put through a range of motion for his shoulder and also when pressure was applied to the AC joint. The doctor noted that the claimant is left-handed, but that he used his right hand to guide the hoist.

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Bluebook (online)
574 N.E.2d 1198, 215 Ill. App. 3d 229, 158 Ill. Dec. 805, 1991 Ill. App. LEXIS 931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caterpillar-tractor-co-v-industrial-commission-illappct-1991.