Darling v. Industrial Commission

530 N.E.2d 1135, 176 Ill. App. 3d 186, 125 Ill. Dec. 726, 1988 Ill. App. LEXIS 1579
CourtAppellate Court of Illinois
DecidedNovember 9, 1988
Docket1-88-228WC
StatusPublished
Cited by14 cases

This text of 530 N.E.2d 1135 (Darling 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
Darling v. Industrial Commission, 530 N.E.2d 1135, 176 Ill. App. 3d 186, 125 Ill. Dec. 726, 1988 Ill. App. LEXIS 1579 (Ill. Ct. App. 1988).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Petitioner Dale Darling sought workers’ compensation benefits for an alleged repetitive accidental injury to his left arm suffered while working for respondent Crane Packing Company. An arbitrator denied benefits after finding petitioner failed to prove he sustained accidental injuries arising out of and in the course of his employment. The Industrial Commission, with one dissenting member, affirmed the arbitrator’s findings, and the circuit court of Cook County confirmed that decision. Petitioner appeals, contending that it was against the manifest weight of the evidence to find insufficient proof that any specific accident occurred and to find insufficient proof that a repetitive trauma occurred, and that it was error as a matter of law to demand quantitative evidence of the exact nature of the repetitive work duties.

Petitioner testified that he began working for respondent in June 1983 as a machine operator. In September 1983, petitioner began working exclusively on a degreaser machine. This operation required “[wjorking with both my hands, with my left hand extended above my head with repeated motions of above my head and below throughout the course of the shift.” The repeated motions were required to operate the hoist of the machine. During September and November, petitioner noticed that “toward the end of the day I would experience some soreness in my left arm and left hand and left shoulder.” He did not seek medical treatment.

On November 17, 1983, at 3:25 p.m., petitioner began his shift and was operating the hoist on the degreaser machine. Petitioner denied telling the supervisor before work that his hand was swollen. At 3:30 p.m., petitioner noticed his left hand had become swollen. He stopped work, reported the problem to his supervisor, Mickey Terrell, and then returned to work. He continued to work for 25 minutes, but the pain increased and the arm became swollen. In addition, the left arm and hand had become discolored, turning dark red. He reported to his supervisor and then left work to seek medical care.

Supervisor Terrell testified that on November 17, 1983, at approximately 3 p.m., before starting the shift, petitioner told Terrell “his hand was swollen and he thought he might not be able to do a particular type of work, his task. I took a look at the hand and it was swollen and I asked him if he could work with it and he said no and that was the conversation.” To the best of Terrell’s knowledge, petitioner did not work at all that day. Terrell testified that petitioner’s job on the degreasing unit required pushing and pulling a hoist. Petitioner told Terrell he was not sure how his hand became swollen, but it could have come from operating the hoist. Petitioner had been a very good worker and had not experienced any other work accidents. Terrell recalled petitioner reporting “a slight accident at home” in early November 1983 when he fell down some stairs. Petitioner lost no time from work following that accident.

When petitioner left work on November 17, 1983, he immediately sought medical treatment. On November 20, he returned to the hospital. A November 20, 1983, emergency room record indicates that petitioner “woke up Thursday” November 17 with a swollen left hand, and the swelling had increased since then, traveling to the left arm.

Petitioner was admitted to the hospital, where he remained for three weeks, and was treated by Dr. Gerald Eisenberg and by Drs. McLaughlin and Katz.

Dr. Eisenberg wrote that the left arm showed hyperesthesia, the left hand was grossly swollen, and that petitioner could not move his fingers without considerable pain. Petitioner was discharged from the hospital with a diagnosis of reflex sympathetic dystrophy.

A December 1983 bone scan and physical findings were compatible with the diagnosis of reflex dystrophy. Petitioner received high dosages of steroids and went into a relatively good remission by the end of December. He was pain-free for several weeks in January. Dr. Eisenberg noted that the pain returned one to two weeks after returning to his job. “[A]ny attempt to resume work resulted in recurrence of symptoms.”

A January 20, 1984, hospital progress note states that on the November 1983 admission the etiology was felt to be related to his job, “which involved a repetitive arm motion above his shoulder.”

In February 1984, petitioner was again hospitalized by Dr. Eisenberg for surgery and other treatment.

A February 15, 1984, progress note written by Dr. John Wilkum reports: “He had worked in a factory on a hoist using his left arm repetitively and this was thought to be the causative stress leading to his problem.”

A February 18, 1984, consultation report by Dr. Sherwyn E. Warren states: “These episodes began about four months ago when the patient’s job was changed to one involving reaching overhead. and working with his arm overhead.”

A February 23, 1984, discharge summary written by Dr. J. Wilkerson stated that petitioner “had worked in a factory on a hoist using his left arm repetitively, and this was thought to be the cause of his stress leading to his problem.”

A February 25, 1984, letter from Dr. Melvin P. Katz indicates petitioner reported to the emergency room that the pain and swelling began “while he was doing some work at his job.”

In March 1984, petitioner underwent a surgical procedure to re-sect a cervical rib and a second procedure to resect the first rib. Possible thoracic outlet syndrome was considered possibly important in the pathogenesis of his reflex dystrophy. The surgeon believed this relieved the thoracic outlet’s compression of the muscle groups between the two ribs. Petitioner was asymptomatic for two months. In early June 1984, however, the symptoms recurred. A June 19, 1984, examination revealed the left hand was markedly swollen and erythematous. The arm was hyperesthetic, and the range of motion in the shoulder, elbow, wrist and fingers was severely reduced.

On March 13, 1984, Dr. Eisenberg wrote that petitioner developed reflex sympathetic dystrophy in the left upper extremity that was exacerbated by his activities at work. “In his job, he was working a hoist using his left arm repetitively throughout his work day. It was felt that the motion of repetitive elevation and abduction of his left arm may have contributed initially to the development of his problem.” It was noted in surgery “that there were'fibrous bands between the 2 ribs which were compressing the blood vessels which served the left upper extremity.” Dr. Eisenberg opined that petitioner’s condition was causally related to his work duties.

In April and May 1984, petitioner remained with his parents in Texas and saw no doctors. In June 1984, he returned to Chicago for further tests. Dr. Eisenberg referred him to Dr. Lawrence Ryan, a rheumatologist. Bone scans, physical therapy and nerve blocks were administered during hospitalization.

A July 20, 1984, letter from Dr.

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Bluebook (online)
530 N.E.2d 1135, 176 Ill. App. 3d 186, 125 Ill. Dec. 726, 1988 Ill. App. LEXIS 1579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darling-v-industrial-commission-illappct-1988.