City of Springfield v. Industrial Commission

576 N.E.2d 568, 216 Ill. App. 3d 1027, 159 Ill. Dec. 899, 1991 Ill. App. LEXIS 1303
Procedural entryThis page is a short order in City of Springfield v. Industrial Commission. Read the opinion of the Court — 244 Ill. App. 3d 408
Appellate Court of Illinois·Decided July 31, 1991·No. No. 4—90—0842WC·Published

Opinion

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

Respondent, the City of Springfield, appeals from an order of the Industrial Commission (Commission) finding claimant permanently and totally disabled. On appeal, respondent contends that determination is against the manifest weight of the evidence because claimant failed to establish he was unable to secure gainful employment despite the limitations of his injury. Concomitantly, respondent argues that the total disability benefits which claimant was awarded must be adjusted downward to reflect claimant’s reduced earning capacity under section 8(d) of the Workers’ Compensation Act (Act) (Ill. Rev. Stat. 1989, ch. 48, par. 138.8(d)).

The facts are substantially uncontroverted. Claimant was employed by the City of Springfield in September 1970 and rose to the rank of master machinist by November 1, 1980. His duties required that he use all manner of hand tools, climb stairs and ladders, and supervise other employees.

On November 1, 1980, claimant injured his left knee while jumping from a truck and subsequently developed a condition diagnosed as Baker’s cyst. Although claimant continued to work, the condition did not improve and, after treatment by Dr. Haggerty, Dr. Olysav performed surgery on the left knee in March 1981.

Ten days after surgery, claimant was rehospitalized because of a pulmonary embolism. He was eventually released and returned to work in May 1981 to his former duties. Claimant’s left knee condition, however, began to worsen and the cyst returned.

In September 1981, claimant suffered a myocardial infarction and was hospitalized. He came under the care of Dr. Taylor, a cardiologist. In October 1981, claimant developed a ventricular aneurysm which required removal of approximately 45% of his heart, as well as a blood clot. Claimant was off work for approximately six months and returned to duty in March 1982, again at the position of master mechanic. Claimant’s left leg continued to bother him and he returned to Dr. Haggerty, who had originally treated him following his initial injury. In May 1983, Dr. Haggerty performed a second surgery on claimant’s left knee to repair the Baker’s cyst. Claimant returned to work again in August 1983.

On August 30, 1983, claimant reinjured his knee when he slipped on a muddy floor at work and almost fell. Claimant returned to Dr. Haggerty, who referred him to Dr. Adair, who concluded that further surgery on claimant’s left knee would be fruitless.

Claimant returned to work but respondent terminated his employment in January 1985 because of his inability to effectively perform his job duties due to the condition of his left knee. At the time, respondent indicated that there were no suitable jobs available for claimant because of claimant’s medical restrictions which forbade excessive use of the knee and such activities as walking and climbing ladders and stairs.

In February 1985, respondent offered claimant three potential jobs at substantially reduced rates of pay from that which he had earned as a master mechanic. The positions offered were those of janitor, utility security officer, and drafting technician. Claimant testified at arbitration that he was aware of and capable of engaging in the tasks of a drafting technician because he had taken a drafting course in high school and had performed drafting work almost 30 years earlier as part of his apprenticeship toward becoming a tool and die maker, a position he held with another employer for almost 20 years.

Claimant, on the advice of Dr. Taylor, his cardiologist, refused the offered positions, however, because of his heart condition. Claimant thereafter applied for and received social security disability benefits as well as an employee disability pension.

The medical evidence suggested that although the initial pulmonary embolism suffered in March 1981 was related to the initial knee surgery, neither the subsequent heart attack nor aneurysm had any relationship to the employment or to claimant’s knee condition. In addition, Dr. Haggerty testified that although claimant could not return to his former job as a master machinist because of his knee condition, claimant could perform sedentary work as long as he did not put substantial stress on his knee.

The arbitrator found that claimant was permanently and totally disabled and awarded benefits accordingly under section 8(f) of the Act (Ill. Rev. Stat. 1989, ch. 48, par. 138.8(f)). In making that award, however, the arbitrator found that claimant was physically capable of performing the job of drafting technician offered by respondent but claimant’s unrelated heart condition precluded employment in even that sedentary job. Permanent total disability was, nevertheless, awarded because claimant was disabled from the job in which he was engaged at the time he was originally terminated from employment by respondent because of his knee injury.

Respondent sought review and the Commission affirmed the arbitrator, but on different grounds. The Commission concluded that the subsequent offer of reemployment as a drafting technician was not a bona fide offer because, as a condition of reemployment, respondent expressly refused to make up the difference in salary between that which claimant originally earned as a master mechanic and the reduced salary he would have earned in any of the positions offered. In addition, respondent indicated, in its offer, that if problems continued with claimant’s knee after he accepted reemployment, he would be charged with sick time should he be unable to work. Because respondent was obligated to pay benefits because of claimant’s diminished earning capacity, as well as temporary total disability benefits for any lost time due to his knee condition, the Commission concluded the offer was, in essence, a sham and that claimant was permanently and totally disabled. The circuit court confirmed the Commission.

Respondent initially contends that the finding of permanent total disability is against the manifest weight of the evidence because, at least with respect to the drafting position, claimant acknowledged he was capable of and, in fact, had performed such tasks in the past. Moreover, respondent argues that this position was consistent with the restrictions placed on the use of claimant’s left knee. Hence, because claimant was employable, respondent is only liable to pay benefits for the difference in reduced earning capacity between the salary claimant would have earned as a master mechanic and the salary he would have been paid had he accepted the drafting technician position.

A claimant is permanently and totally disabled when he is unable to make some contribution to the work force sufficient to justify the payment of wages. (Gates Division, Harris-Intertype Corp. v. Industrial Comm’n (1980), 78 Ill. 2d 264, 399 N.E.2d 1308.) While the burden of proof is upon the claimant to show the nature and extent of his injuries and the resulting inability to secure gainful employment (A.M.T.C. of Illinois, Inc. v. Industrial Comm’n (1979), 77 Ill. 2d 482, 397 N.E.2d 804

Free access — add to your briefcase to read the full text and ask questions with AI

City of Springfield v. Industrial Commission, 576 N.E.2d 568, 216 Ill. App. 3d 1027, 159 Ill. Dec. 899, 1991 Ill. App. LEXIS 1303 (Ill. Ct. App. 1991).

576 N.E.2d 568 (City of Springfield v. Industrial Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

E. R. Moore Co. v. Industrial Commission
376 N.E.2d 206 (Illinois Supreme Court, 1978)
Inland Robbins Construction Co. v. Industrial Commission
399 N.E.2d 1306 (Illinois Supreme Court, 1980)
International Harvester Co. v. Industrial Commission
263 N.E.2d 49 (Illinois Supreme Court, 1970)
A.M.T.C. of Illinois, Inc. v. Industrial Commission
397 N.E.2d 804 (Illinois Supreme Court, 1979)
Gates Division, Harris-Intertype Corp. v. Industrial Commission
399 N.E.2d 1308 (Illinois Supreme Court, 1980)