City of Springfield v. Illinois Workers' Compensation Commission

901 N.E.2d 1066, 388 Ill. App. 3d 297, 327 Ill. Dec. 333, 2009 Ill. App. LEXIS 64
CourtAppellate Court of Illinois
DecidedFebruary 11, 2009
Docket4-08-0170 WC
StatusPublished
Cited by20 cases

This text of 901 N.E.2d 1066 (City of Springfield 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
City of Springfield v. Illinois Workers' Compensation Commission, 901 N.E.2d 1066, 388 Ill. App. 3d 297, 327 Ill. Dec. 333, 2009 Ill. App. LEXIS 64 (Ill. Ct. App. 2009).

Opinion

JUSTICE ROBERT E. GORDON

delivered the opinion of the court:

Claimant, Kevin Magerl, age 46, filed an application for adjustment of claim for repetitive wrist, elbow, and arm trauma injuries, pursuant to the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2004)), he allegedly suffered while in the employ of respondent, the City of Springfield, Illinois. The application for adjustment of claim sought no compensation for lost time from work, but sought past and future medical benefits. Following a section 19(b) hearing, an arbitrator, on September 6, 2005, found that claimant suffered an accidental injury on March 24, 2004, arising out of and in the course of his employment with respondent. In his decision, the arbitrator concluded that claimant’s bilateral carpal tunnel, bilateral cubital tunnel, and bilateral pronator syndromes were causally related to a March 24, 2004, work-related accident. The arbitrator awarded claimant $3,626 pursuant to section 8(a) of the Act for past medical expenses, and also awarded claimant prospective medical benefits consisting of several surgical procedures prescribed by claimant’s treating physician and “related medical care.”

Respondent sought review of the arbitrator’s decision before the Illinois Workers’ Compensation Commission (Commission). In its statement of exceptions, respondent propounded five questions to the Commission pursuant to section 19(e) of the Act. On October 26, 2006, the Commission affirmed and adopted the arbitrator’s September 6, 2005, decision, and did not provide answers to respondent’s questions.

Respondent then sought judicial review of the Commission’s October 26, 2006, decision in the circuit court of Sangamon County. On February 16, 2007, the circuit court remanded the case to the Commission ordering an amended decision be entered to include answers to the questions previously propounded by respondent.

The Commission issued an amended decision and opinion on August 14, 2007, and provided answers to respondent’s questions, which are noted in the background section that follows. The Commission again affirmed the arbitrator’s September 6, 2005, decision but found claimant entitled to $0.32 more for past medical expenses and modified the award accordingly.

On January 25, 2008, the circuit court confirmed the Commission’s August 14, 2007, decision. Respondent was granted leave to file a late notice of appeal by this court on March 18, 2008.

ISSUES ON APPEAL

1. Whether the Commission complied with the requirements of section 19(e) of the Act.

2. Whether the Commission’s finding that an accident occurred which arose out of and in the course of claimant’s employment with respondent was against the manifest weight of the evidence.

3. Whether the Commission’s finding that claimant’s bilateral carpal tunnel, bilateral cubital tunnel, and bilateral pronator syndromes were causally related to a work-related accident was against the manifest weight of the evidence.

4. Whether the Commission’s finding that Dr. Neumeister’s proposed medical treatment consisting of several surgical releases pertaining to claimant’s bilateral carpal tunnel, bilateral cubital tunnel, and bilateral pronator syndromes are reasonable and necessary, and whether the Commission’s award of the prospective surgeries prescribed by claimant’s treating physician and “related medical care” based on that finding is against the manifest weight of the evidence.

BACKGROUND

The following factual recitation is taken from the evidence presented at the section 19(b) arbitration and review hearings. At the arbitration hearing, claimant testified that he was employed as an electrician for City, Water, Light & Power (the City), and has worked in that capacity since July 8, 1996. Prior to his hiring, claimant underwent a preemployment physical examination, which he passed. Claimant was an apprentice electrician during his first year of employment with the City.

Claimant has been employed at the City’s Dahlman Powerhouse since his hiring in 1996. Claimant testified that his work for the City involved maintaining “everything having to do with controls, measurements, levels, emissions and computer equipment.” He ordinarily worked eight hours a day, five days per week and occasionally worked overtime. He testified that his work involved the use of numerous types of tools including twisting screwdrivers, wrenches, socket drivers, wire cutters, wire crimpers, pullers, channel locks, electric drills, battery-operated drills, hammer drills, a matavos grinding wheel used for cutting metal and grinding and a “saw-zaw,” which is a reciprocal blade cutting device. At times, claimant’s work also involved the use of pneumatically driven tools. In an eight-hour work day, claimant used one of these tools twisting and turning his wrists and hands for about five hours, although he would sometimes use one of the tools for eight hours a day.

Claimant testified that his work for the City also required him to climb scaffolding and ladders and that doing so required the use of his arms. Claimant testified that during the week of the arbitration hearing he was required to replace an old “monitoring system.” Claimant was required to climb a “stack” and pull out the old monitoring system, which measured air particulates, and bring it down. He then mounted a new monitoring system in the place of the old one. He testified that he climbed up and down a ladder twice that day.

Claimant testified that other work activities involved reaching up to grab wire which is often located near hot equipment and steam pipes, and pushing wrenches, channel locks, screwdrivers, as well as dollies and carts which he used to move equipment. He also testified that his work involved grasping and turning screwdrivers, wrenches, sockets, drills; pulling and turning wires, channel locks, and computer mice when he was required to reprogram computers.

Claimant testified that the Dahlman plant vibrated constantly due to the plant’s boiler system. He also testified that he used vibratory tools daily, although the amount of his use of these tools per day varied. An attribute report admitted into evidence indicated that claimant’s work was listed as a Level B, typical of machine operators, mechanics, and other skilled tradespeople. The attribute report states that people listed in a Level B work category work both indoors and outdoors and are exposed to extreme cold and heat for periods of more than one hour. The attribute report also stated that claimant’s level of work was “medium,” meaning that his work requires him to exert up to 50 pounds of force occasionally, and/or up to 20 pounds of force constantly to move objects. Claimant testified that he is right-hand dominant, although he is ambidextrous when using tools.

Claimant testified that he began to first notice physical problems with both his hands and arms in March 2004. He testified that at that time he experienced severe pain in his right hand that radiated to his right elbow and also experienced pain in his left hand and arm. He had “terrible” pain if either elbow came into physical contact with any object.

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Cite This Page — Counsel Stack

Bluebook (online)
901 N.E.2d 1066, 388 Ill. App. 3d 297, 327 Ill. Dec. 333, 2009 Ill. App. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-springfield-v-illinois-workers-compensation-commission-illappct-2009.