Chicago Rotoprint v. Industrial Com.

509 N.E.2d 1330, 157 Ill. App. 3d 996, 109 Ill. Dec. 318, 1987 Ill. App. LEXIS 2798
CourtAppellate Court of Illinois
DecidedJune 10, 1987
Docket1-86-1167WC
StatusPublished
Cited by11 cases

This text of 509 N.E.2d 1330 (Chicago Rotoprint v. Industrial Com.) 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
Chicago Rotoprint v. Industrial Com., 509 N.E.2d 1330, 157 Ill. App. 3d 996, 109 Ill. Dec. 318, 1987 Ill. App. LEXIS 2798 (Ill. Ct. App. 1987).

Opinions

JUSTICE WOODWARD

delivered the opinion of the court:

Chicago Rotoprint has appealed from an order of the circuit court of Cook County which confirmed the decision of the Industrial Commission awarding compensation to William Halpin.

William Halpin (Halpin) had worked for Chicago Rotoprint (Rotoprint) since December 1, 1975. He was a maintenance machinist, and his duties included repairing printing presses, bindery equipment and all types of graphic arts equipment. Physically, the job entailed a lot of lifting, climbing up “monkey poles,” working on slippery oily decks around moving presses, moving cylinders, carrying buckets of tools and replacement parts up two or three stories on a steel ladder. He worked 71/4 hours per day, mostly standing up. He also pulled a tool truck that weighed over 100 pounds.

On April 29, 1978, Halpin was operating a truck when it ran into a steel table. He sustained wounds to his lower abdomen, his left leg and a facial cut. He also suffered pain in his lower abdomen, his back, his face and his legs, from his hips to his feet. He was taken by paramedics to St. Anne’s Hospital, where he was hospitalized for a period from April 29, 1978, to May 21, 1978. He underwent emergency surgery on his lower abdomen and his left leg. While he was hospitalized, he was under the care of Doctors Coniglio, Giganiti, Naffah, Holmes, Callahan and a urologist, whose name he could not remember.

After his release from the hospital, Halpin continued to see Dr. Coniglio and Dr. Naffah twice a month and later, every three months. Dr. Conglio prescribed medication and bed rest. Halpin was also taking Coumadin for blood pressure, which he had been taking for the past 20 years. Dr. Naffah continued to monitor his wounds. After they had healed, Dr. Naffah recommended exercise, and he began swimming at the YMCA in August of 1978. He continued to have pain in his left leg and back.

On November 6, 1978, he returned to his regular job at Rotoprint and worked until July of 1979. During that time, he continued to see Dr. Coniglio, Dr. Naffah, and he also saw Dr. Holmes. Dr. Coniglio prescribed pain killers and muscle relaxants, which he took daily. Dr. Naffah performed tests on his legs to determine why he was still complaining of pain. Both Dr. Coniglio and Dr. Naffah recommended that he see Dr. Holmes. Dr. Holmes examined him and recommended that he see an orthopedic surgeon.

Between November 6, 1978, and July of 1979, Halpin suffered tremendous pain in his legs and back whenever he performed his duties at work. The pain would become so bad that he would sit and cry as a result.

Halpin was again off work from July 8, 1979, to November 14, 1979. During that time, he was seen by Dr. David Hora, who prescribed muscle relaxants and therapy. He underwent therapy for three weeks. He then entered Northwest Community Hospital, where he was put in traction for the pain in his hips, legs and lower back. He was also given therapy daily. He was released from the hospital and had bed rest until he was readmitted to the hospital. While he was hospitalized, he was treated by Dr. Hora, who performed a laminectomy on his back. He also underwent light therapy and exercise and was given medication. After his release from the hospital, he saw Dr. Hora twice. Dr. Hora prescribed Decadron and therapy. He also saw Dr. Coniglio regarding his blood pressure medication.

On November 19, 1979, Halpin returned to work. He had light duties consisting of repairing knife blocks. He sat on a stool to perform this task. He also walked up and down stairs to obtain replacement parts. He experienced pain in his lower back and legs when he walked up stairs and discomfort in his lower abdomen and lower back. He was also uncomfortable on the stool and suffered pain down his back and into his legs to his feet. After six weeks, he worked repairing stackers, which involved lifting heavy steel shafts. He had pain in his spine, lower back, legs and bones. He was hospitalized again in June of 1980 due to pain. X rays were taken and Demerol, Parafon Forte and Tylenol 3 were prescribed for him. He was off of work between June 23,1980, and July 7,1980.

Halpin returned to work July 7, 1980, and continued repairing stackers. He saw Dr. Hora three or four times and had therapy three times per week. He experienced lower back pain and pain in his legs when sitting in an automobile. He also saw Dr. Carson, Dr. Hora’s associate, who prescribed bed rest, medication and William’s exercises. He also saw Dr. Vatz, a neurologist, who administered an EMC test. He continued to experience pain in his legs and abdomen when he was walking or lifting. He also used the whirlpool at the YMCA five days a week when the pain was not too bad.

On December 1, 1980, he was hospitalized at Northwest Community Hospital. He was given a myelogram, a bone scan was taken, and he had surgery on his back. After the operation, he had a drop foot, which necessitated a different type of therapy.

After his release from the hospital on January 3, 1981, he continued to see Dr. Hora. Dr. Hora prescribed medication and electric stimulation. He also wore a patella sleeve on his right knee and an ankle orthesis since December 25, 1980, which was prescribed by either Dr. Hora or Dr. Vatz. After his release from the hospital, Dr. Hora prescribed a quad cane. At the time of the hearing before the arbitrator, he was using a regular cane which had also been prescribed by Dr. Hora.

At the time of the hearing before the arbitrator, Haipin’s typical day consisted of physical therapy three times per week, then to the YMCA for a whirlpool. After lunch, he went to bed. However, he also testified that he rode a bicycle and walked about one-half mile, after which he had pain in his legs and lower back.

At the hearing before the arbitrator, the medical evidence was introduced and admitted into evidence in the form of exhibits. Halpin offered the reports of Dr. Robert C. Busch and Dr. Donald S. Miller, both examining physicians. Their reports were offered with the statement that if the doctors had been given a hypothetical question as to whether there might be or could be a causa1 connection between the incident of April 29, 1978, and Haipin’s present state of ill-being, they would answer in the affirmative and that the condition was permanent. In addition to the medical bills and hospital reports, the December 30, 1980, report of Dr. Hora, Haipin’s treating physician for his lumbar disc injuries, was admitted which stated that Halpin’s disc condition “could possibly be related” to Haipin’s accident at work. Further, the records of Dr. Vatz, another of Haipin’s treating physicians, were admitted, in which Dr. Vatz indicated that although it was unclear whether his findings of disc disease were related to the original injury suffered by Halpin, “abnormal posture as a result of this injury could produce or aggravate disc symptomatology.”

Rotoprint offered a health insurance form signed by Dr. Hora on which was marked that Haipin’s injury did not arise out of his employment. It also offered the reports of Dr. Henry Holmes. Dr. Holmes stated in. his reports that while Halpin was suffering from symptomatic sciatica, it has no relation to his previous industrial injury. Finally, it offered the report of Dr. Audley E. Loughran, who examined Halpin at the request of the attorney for Rotoprint.

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Chicago Rotoprint v. Industrial Com.
509 N.E.2d 1330 (Appellate Court of Illinois, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
509 N.E.2d 1330, 157 Ill. App. 3d 996, 109 Ill. Dec. 318, 1987 Ill. App. LEXIS 2798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chicago-rotoprint-v-industrial-com-illappct-1987.