Cognato v. Industrial Commission

609 N.E.2d 783, 242 Ill. App. 3d 50, 182 Ill. Dec. 249, 1993 Ill. App. LEXIS 9
CourtAppellate Court of Illinois
DecidedJanuary 8, 1993
Docket1-91-0263WC
StatusPublished
Cited by7 cases

This text of 609 N.E.2d 783 (Cognato 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
Cognato v. Industrial Commission, 609 N.E.2d 783, 242 Ill. App. 3d 50, 182 Ill. Dec. 249, 1993 Ill. App. LEXIS 9 (Ill. Ct. App. 1993).

Opinions

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

Claimant, Delores Cognato, filed an application for adjustment of claim pursuant to the Workers’ Compensation Act (Act) (111. Rev. Stat. 1983, ch. 48, par. 138.1 et seq.). She sought compensation for the death of her husband, Samuel Cognato (decedent), who died from a ruptured myocardial infarction, which claimant alleged occurred while Samuel worked for employer, Lucca Packing Company. After a hearing, the arbitrator awarded benefits to claimant. The Industrial Commission (Commission), with one commissioner dissenting, reversed the arbitrator’s decision. Upon review, the circuit court confirmed the Commission’s decision. This appeal followed.

On June 26, 1992, an opinion of this court was filed. A petition for rehearing was filed by the respondent, the petition was granted pursuant to Supreme Court Rule 367 (134 Ill. 2d R. 367) and an answer was filed by the petitioner.

On appeal, claimant raised two issues, namely, that the Commission’s finding that Samuel’s death did not arise out of and in the course of his employment was against the manifest weight of the evidence; and that the Commission’s finding on the causation issue is contrary to the manifest weight of the evidence.

Decedent was employed as a sausage maker by employer. On January 22, 1985, decedent tripped and fell while carrying a box of meat weighing between 50 and 75 pounds. He was transported by ambulance to Rush-Presbyterian-St. Luke’s Medical Center, at which time cardio-pulmonary resuscitation was attempted. Decedent was pronounced dead upon arrival at 1:48 p.m. The death certificate states that the immediate cause of death was pericardial tamponade due to a ruptured myocardial infarction. A postmortem examination showed evidence of severe coronary arteriosclerosis and the myocardial infarction with rupture.

In the morning of January 22, 1985, Steve Magrini, another employee of the employer, stated that decedent had prepared batches of sausage from 6:15 a.m. until 10:30 a.m. Barrels of meat were brought into the sausage room where Magrini and decedent lifted the meat from the barrels with pitchforks. A barrel contains 150 pounds of different kinds of meat which are later converted into sausage. After making several batches of sausage, decedent and Magrini began grinding beef. At approximately 12:15 p.m., decedent left and went downstairs with Patrick Joslin.

Patrick Joslin worked with decedent and shared the same job responsibilities, which included making sausage, stocking shelves and loading and unloading trucks. Decedent was primarily a sausage maker, which involves running a sausage-making machine operated by a knee pedal. On January 22, 1985, a delivery consisting of 12 cases of beef tenderloin arrived at the loading dock. At approximately 12:25 p.m., Joslin and decedent began unloading the boxes, which weighed between 50 and 75 pounds. Joslin saw decedent unload five or six boxes of the meat. Shortly thereafter while carrying another case of meat, decedent tripped on a sewer and fell forward into a table. Joslin also observed that during the fall, decedent struck his head on a shelf and “just laid there.” On the day of decedent’s death, the temperature reached a high of 20 degrees Fahrenheit and a low of 11 degrees Fahrenheit, the average temperature measuring at 16 degrees Fahrenheit.

The employer’s president, Fred Nottoli, testified that employees Steve Magrini and Pat Joslin were responsible for unloading the trucks when the meat shipments arrived. On some occasions, however, decedent would assist in the unloading. On January 22, 1985, Nottoli observed the bluish color of decedent’s hand when the latter came into the office to show Nottoli his right hand. Nottoli saw the decedent’s hand around 10 a.m. and suggested that he see a doctor or go to the hospital. Decedent did not leave, however, and continued to work. Nottoli further testified that the temperature inside the plant was in the neighborhood of 50 to 60 degrees Fahrenheit.

Claimant stated that decedent was 56 years old, stood about 5 feet 10 inches and weighed 228 pounds at the time of his death. He smoked one-half a pack of cigarettes a day for an unspecified number of years. Claimant and decedent owned a two-story building in Berwyn, Illinois, which had a frozen pipe problem during the weekend preceding her husband’s death.

Decedent and his son went to the . building to work on the plumbing on the Monday, January 21, 1985, and possibly on Sunday, January 20, 1985. On Monday, January 21, decedent left for the building at 4 p.m. and returned home around 6:30 p.m.

Dr. Nathaniel Greenberg, board certified in internal medicine, and Dr. Michael Lesch, a board-certified cardiologist, testified before the arbitrator. Their testimony was presented with respect to the issue of whether the decedent sustained accidental injuries arising out of and in the course of his employment or that a causal relationship existed between the incident of January 22, 1985, and his death. Upon review of the medical records, Dr. Greenberg opined that the unloading and carrying of the heavy boxes of meat in the cold environment put an excessive strain on the previously infarcted heart, causing the rupture which led to the decedent’s collapse and death. He further testified that the infarcted heart muscle is at its weakest between 5 to 12 days following the infarct and for this reason, individuals who have suffered from a myocardial infarction are urged to stay at rest during the critical period. He also stated that heavy work in a cold environment “is just the sort of circumstance that leads to rupture.” Dr. Greenberg disputed the employer’s position that the decedent’s death could have been caused by repair work on frozen pipes performed the Sunday preceding his death. He further stated that exertion markedly increases the likelihood of a rupture.

Dr. Lesch testified that he saw between three to five “infarct” patients per week and had written extensively on the subject of myocardial infarction. Dr. Lesch opined that there was no relationship between the decedent’s employment and the post-myocardial infarction rupture. His reasons for that opinion were basically threefold. First, Dr. Lesch reasoned that there was no causal connection because there is no data to show that effort affects the incidence of post-myocardial infarction ruptures. Next, Dr. Lesch stated that the incidence of rupture does not vary according to the seasons of the year or geographical regions; hence, he concluded that temperature was not a factor. Finally, Dr. Lesch opined that effort does not affect the incidence of rupture because of recent trends in treatment of myocardial infarction patients with exercise.

He further testified that decedent’s death could be explained by two alternative scenarios that would be consistent with the autopsy report. Under the first, decedent could have ruptured his heart, and then he collapsed. Under the second, decedent could have collapsed from a cardiac arrest, which necessitated the administration of cardiopulmonary resusitation, which, in turn, caused the rupture. According to Dr. Lesch, either scenario could have occurred.

Dr.

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Cognato v. Industrial Commission
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Bluebook (online)
609 N.E.2d 783, 242 Ill. App. 3d 50, 182 Ill. Dec. 249, 1993 Ill. App. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cognato-v-industrial-commission-illappct-1993.