Circuit City Stores, Inc. v. Illinois Workers' Compensation Commission

909 N.E.2d 983, 391 Ill. App. 3d 913
CourtAppellate Court of Illinois
DecidedMay 21, 2009
DocketNo. 2-08-0722WC
StatusPublished
Cited by7 cases

This text of 909 N.E.2d 983 (Circuit City Stores, Inc. v. Illinois Workers' Compensation 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
Circuit City Stores, Inc. v. Illinois Workers' Compensation Commission, 909 N.E.2d 983, 391 Ill. App. 3d 913 (Ill. Ct. App. 2009).

Opinion

JUSTICE HOLDRIDGE

delivered the opinion of the court:

Clinton Dwyer filed an application for adjustment of claim against his employer, Circuit City Stores, Inc., seeking workers’ compensation benefits for an injury to his right leg. The matter proceeded to an arbitration hearing, where the arbitrator found that Dwyer’s injury was compensable under the Workers’ Compensation Act (the Act) (820 ILCS 305/1 et seq. (West 2006)). Accordingly, the arbitrator issued the following awards: medical expenses totaling $60,306.83; temporary total disability benefits of $182.62 per week for 12 4/7 weeks (March 6 through June 1, 2005); and permanent partial disability benefits of $164.36 per week for 70 weeks (representing 35% loss of use of the right leg). The arbitrator denied Dwyer’s request for penalties and attorney fees.

Circuit City appealed to the Illinois Workers’ Compensation Commission (Commission), which affirmed and adopted the arbitrator’s decision, with one member dissenting. Circuit City then appealed to the McHenry County circuit court, which reversed the Commission’s decision. According to the court, the Commission erred in finding that the “personal comfort doctrine” applied to the instant facts and that Dwyer’s injury was compensable under the Act. Dwyer responded by filing the instant appeal. He claims: (1) the personal comfort doctrine applies to the instant facts, as found by the arbitrator and the Commission; (2) the doctrine should be extended, as a matter of law, to cover an employee who is injured while coming to the aid of a coworker seeking personal comfort; and (3) the Commission did not err in finding that his injuries arose out of and in the course of his employment. We reverse the circuit court’s judgment and reinstate the Commission’s decision.

BACKGROUND

A medical report from Doctor Walter Virkus dated June 11, 2003, reads: “Clint Dwyer is an 18-year-old male who approximately one week ago began having pain in the right groin. He relates this to being after he pitched a game of baseball. He has had no prior complaints of pain in this hip. The pain also seems to be activity related.” X-rays showed a lesion in the right femoral neck with no evidence of acute fracture or stress fracture. A magnetic resonance imaging study showed a corresponding lesion with no evidence of stress fracture. Doctor Virkus attributed the lesion to a unicameral bone cyst that must have been present for a number of years but was “just now becoming symptomatic.” He observed, “This may be related to the fact that the patient recently began his summer job in landscaping and basically spends all day pushing a lawnmower.” Recognizing a possible need for curettage and grafting, Doctor Virkus prescribed a short trial of rest because the lesion had previously been asymptomatic. The trial period included two weeks on crutches, another four weeks with no baseball or landscaping work, and then resumption of regular activities.

During a follow-up visit on July 30, 2003, Dwyer reported feeling fine except for a recent episode of pain that resolved after one day. He had no pain at the time of the visit. Doctor Virkus’s examination revealed full range of motion and no tenderness to stress with internal and external rotation. His report from the visit reads:

“If he [Dwyer] is asymptomatic I do not think this needs to be curettaged and grafted. I informed him that this could be done at any time if he decided he wanted to stop worrying about it. I stringently cautioned both him and his mother that if he were to ignore persistent symptoms of pain in the hip that he would likely have a stress fracture through the femoral neck, and this would be a potentially disastrous situation considering his age. He indicated to me that he had absolutely no interest in having surgery and that he would address his activities appropriately.”

Dwyer testified that, per Doctor Virkus’s permission, he resumed normal activities (including baseball and work) and performed those activities without returning for medical care until March 6, 2005 — the date of accident in the instant case.

At the time in question, Dwyer was employed by Circuit City installing car stereos and other equipment. He performed his duties in an installation bay, which was connected to an employee break room by a hallway. The hallway contained a snack vending machine and a soda machine. There were also four rooms off the hallway: two management offices, a men’s washroom, and a women’s washroom. The washrooms were open to the public. Dwyer testified that the snack vending machine was fairly large with a glass front and metal sides. He used the machine two or three times per week and had experienced some problems with products getting stuck. When a product got stuck, he either shook the machine to dislodge it or simply purchased it again. He had occasionally seen other employees shake the machine as well, but he could not recall their names. To the best of Dwyer’s knowledge, no employee was reprimanded for shaking the machine. No rules were posted near the machine explaining a protocol if a product got stuck; nor did Circuit City have any written forms or policies covering this situation. If an employee simply lost money in the machine, however, the store had a protocol for the employee to submit a form to management. Dwyer had never lost money in the machine.

Regarding his accident, Dwyer testified that on March 6, 2005, he was working in the installation bay when a coworker named Jessica Hubner asked him for help dislodging a bag of chips she had purchased from the vending machine. Dwyer went with Hubner to the hallway and saw the bag stuck in the machine. He shook the machine from the front, but to no avail. He then shook it from the side, again to no avail. As to what happened next, the transcript of his testimony reads:

“Q. Can you stand up and show — Would you stand up and show the Arbitrator, please, what you did next ***.
* * *
A. I was facing the side of the machine this way and I pretty much stood right here and I took one step forward and I hit the machine with my shoulder and it did not move and my hip followed and I pretty much fell to the ground. (Indicating.)
THE ARBITRATOR: Let the record reflect that the petitioner is indicating basically that he was assuming what I would call a fencing or even a self-defense posture with his right arm at mid chest level and indicating he stepped towards and apparently made contact with the machine. And I infer that he made contact with his shoulder and I infer that his hip moved forward, but I couldn’t make any other inferences as to what happened with the hip that he referenced.”

The matter was revisited on cross-examination as follows:

“Q. *** So you only shook it once from the front and then you shook it again from the side and then you hit it with your shoulder?
A. Yes.
Q. *** How many steps did you take before you struck the machine with your shoulder?
A. Like half a step. It wasn’t even a full step.”

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Circuit City Stores v. ILL. WORKERS'COMP.
909 N.E.2d 983 (Appellate Court of Illinois, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
909 N.E.2d 983, 391 Ill. App. 3d 913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/circuit-city-stores-inc-v-illinois-workers-compensation-commission-illappct-2009.