County of Tazewell v. Industrial Commission

549 N.E.2d 805, 193 Ill. App. 3d 309, 140 Ill. Dec. 154, 1989 Ill. App. LEXIS 1977
CourtAppellate Court of Illinois
DecidedDecember 29, 1989
Docket4—89—0170WC, 4—89—0201WC cons.
StatusPublished
Cited by4 cases

This text of 549 N.E.2d 805 (County of Tazewell 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
County of Tazewell v. Industrial Commission, 549 N.E.2d 805, 193 Ill. App. 3d 309, 140 Ill. Dec. 154, 1989 Ill. App. LEXIS 1977 (Ill. Ct. App. 1989).

Opinion

JUSTICE WOODWARD

delivered the opinion of the court:

Ruth Morris (Ruth), widow of Ernest Morris (Ernest), filed a separate application for adjustment of claim against each of the respondents, R.A. Cullinan & Sons, Inc. (Cullinan), and the County of Tazewell (Tazewell). These claims against Cullinan and Tazewell were eventually joined. Ernest was found dead at the wheel of a snowplow that he had been driving on April 9, 1982. The arbitrator found that there was no causal connection between Ernest’s death and his employment. Having so found, the arbitrator did not rule on the issue of whether Tazewell was a borrowing employer and Cullinan a loaning employer. The Industrial Commission (Commission) modified the arbitrator’s decision, finding that Ernest’s death arose out of and in the course of his employment and that Tazewell was a borrowing employer and Cullinan was a loaning employer. The circuit court of McLean County confirmed the Commission’s decision.

Ruth Morris testified to the following at the arbitration hearing. Ernest had worked for over 30 years as a truck driver for Cullinan. Due to a severe snowstorm, Ernest had been plowing snow in a Cullinan truck fitted with a snowplow in the days preceding his death on April 9, 1982. Tazewell records admitted into evidence showed that Ernest drove a snowplow for eight hours on April 5, eight hours on April 6, and 13V2 hours on April 8. Ruth testified that on April 8, Ernest arrived home at 8 p.m. He fell asleep immediately on the couch, which was not his usual custom. Ruth awoke Ernest for dinner, after which he returned to sleep on the couch, again contrary to his usual custom. He arose at 3:30 a.m. on April 9 to return to snow plowing. He normally arose at 5:30 a.m. to prepare for work. Ruth noticed that on the evening of April 8, Ernest looked extraordinarily tired when he came home from work. Ruth testified that Ernest did not customarily work in excess of 12 hours, return home at 8 p.m., and then return to work less than eight hours later.

An April 13, 1982, autopsy report, which had been prepared by Dr. Robert Gregorski, was admitted into evidence. Dr. Gregorski determined the cause of Ernest’s death “to be probably due to cardiac arrhythmia secondary to cor bovinum (enlarged heart). The heart also showed evidence of old healed rehematic [sic] heart disease with mitral insufficiency.”

Ernest’s regular physician, Dr. Daniel Baer, testified via an evidence deposition taken October 1, 1984. Dr. Baer, a board-certified family practitioner, first treated Ernest in October 1979. Dr. Baer stated that at each examination he found Ernest to have cardiac arrhythmia (irregular heartbeat), he prescribed several medications, Lanoxin and Lasix, to deal with Ernest’s heart disease and its symptoms. Dr. Baer last saw Ernest on January 11, 1982, at which time his heart condition was stable.

Dr. Baer opined that stress could exacerbate cardiac arrhythmia. He also stated that Ernest’s employment as a snow-plow driver could have aggravated his heart condition and, therefore, could have caused his death.

Dr. David Best, a board-certified cardiologist, testified to the following on behalf of respondents. Ernest died because the electrical activity of his heart “became chaotic and did not effectively send impulses to the heart which would allow it to beat in a fashion that would support life.” Ernest’s death could have occurred at any time, even during periods of inactivity. An enlarged heart such as Ernest’s was prone to developing lethal cardiac arrhythmia. Ernest’s smoking did not lead to an enlargement of his heart, but his alcohol consumption may have led to its enlargement. Dr. Best described Ernest as being moderately overweight, a condition which did not cause his enlarged heart.

On cross-examination, Dr. Best stated that he had never examined Ernest. Dr. Best stated that the enlarged heart was caused by an underlying mitral valve disease that Ernest had had for a number of decades. Dr. Best opined that “it would seem that [Ernest] would have had increased fatigue” on the evening of April 8 and the morning of April 9. Dr. Best further stated that such fatigue could or might have been one of the causative factors in the onset of cardiac arrhythmia that Ernest sustained on April 9.

Tazewell initially argues that the Commission’s finding that Ernest’s employment caused his death was against the manifest weight of the evidence. We disagree.

It is the Commission’s duty to determine the facts and to determine whether there was a causal relationship between the employment and the injury. (County of Cook v. Industrial Comm’n (1977), 69 Ill. 2d 10.) Where the medical evidence is conflicting as to causation, it is for the Commission to determine which testimony is to be accepted. (Illinois Valley Irrigation, Inc. v. Industrial Comm’n (1977), 66 Ill. 2d 234.) The Commission is entitled to draw reasonable inferences from both direct and circumstantial evidence. Reviewing courts will not disregard those permissible inferences merely because other inferences might be drawn. Beloit Foundry v. Industrial Comm’n (1976), 62 Ill. 2d 535.

Contrary to respondent’s assertions that the Commission’s decision is not supported by the evidence, we find the evidence clearly indicates that Ernest’s cardiac arrhythmia was caused in part by fatigue related to excessive exertion while plowing snow. Both medical experts, Dr. Baer and Dr. Best, opined that the snow plowing Ernest performed on April 8 could have led to excessive fatigue which, in turn, could have or might have been a contributing factor to his state of ill being. This evidence is analogous to the evidence relied upon by our supreme court in County of Cook v. Industrial Comm’n (1977), 69 Ill. 2d 10, to uphold an award of compensation to a worker whose heart attack was due in part to his employment.

Moreover, the evidence shows that Ernest’s work schedule on April 8 and 9 was substantially different than his regular course of daily work. He had plowed snow 13V2 hours on the 8th, and after an abbreviated and irregular night of sleep, returned to work earlier than was usual for him to continue plowing his assigned roads on the 9th. This work activity was therefore distinguished from Ernest’s usual work day. As such, the Commission reasonably inferred that he was subjected to a greater degree of stress than that to which he was normally exposed, and this stress constituted a contributing factor, which aggravated his cardiac arrhythmia. County of Cook, 69 Ill. 2d at 19.

We find that the Commission’s decision that Ernest’s employment contributed in part to his condition of ill-being is not against the manifest weight of the evidence.

Respondent Tazewell next argues that the Commission erred in finding that it was a borrowing employer. Initially, we note that the issue of whether an employee has been borrowed by a second employer is a question of fact to be determined by the Commission. (M & M Electric Co. v. Industrial Comm’n (1974), 57 Ill. 2d 113, 117.) A court of review will not disturb the Commission’s finding on this question unless contrary to the manifest weight of the evidence.

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

Related

ExxonMobil Oil Corp. v. Amex Const. Co., Inc.
702 F. Supp. 2d 942 (N.D. Illinois, 2010)
Cromer v. Joseph Behr & Sons, Inc.
845 F. Supp. 572 (N.D. Illinois, 1994)
Reo Movers, Inc. v. Industrial Commission
589 N.E.2d 704 (Appellate Court of Illinois, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
549 N.E.2d 805, 193 Ill. App. 3d 309, 140 Ill. Dec. 154, 1989 Ill. App. LEXIS 1977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-tazewell-v-industrial-commission-illappct-1989.