Dresser Industries v. Industrial Commission

604 N.E.2d 365, 237 Ill. App. 3d 150, 178 Ill. Dec. 109, 1992 Ill. App. LEXIS 1635
CourtAppellate Court of Illinois
DecidedOctober 8, 1992
DocketNo. 2—91—1049WC
StatusPublished
Cited by1 cases

This text of 604 N.E.2d 365 (Dresser Industries 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
Dresser Industries v. Industrial Commission, 604 N.E.2d 365, 237 Ill. App. 3d 150, 178 Ill. Dec. 109, 1992 Ill. App. LEXIS 1635 (Ill. Ct. App. 1992).

Opinions

JUSTICE H. LEWIS

delivered the opinion of the court;

Claimant, Ronald Zelenko, filed an application for adjustment of claim pursuant to the Workers’ Occupational Diseases Act (the Act) (Ill. Rev. Stat. 1983, ch. 48, par. 172.36 et seq.), for hearing loss in both ears incurred through his employment with the respondent, Dresser Industries. Following the hearings on his application, the arbitrator held that the claimant failed to prove that he was exposed to an occupational disease (i.e., loud factory noises) sufficient to cause permanent hearing impairment and denied the claimant benefits under the Act. On appeal to the Industrial Commission (the Commission), the Commission reversed the arbitrator’s decision and held that the claimant’s last date of exposure to an occupational disease was on May 23, 1984, and, as a result, the claimant had suffered a 33.37% permanent bilateral hearing loss. Subsequently, the circuit court confirmed the decision of the Commission, and the respondent appeals.

While the respondent presented several arguments in its brief, the primary issue presented was whether the Commission’s decision that the claimant suffered permanent partial hearing loss of 33.37% in each ear due to his exposure to loud noise levels during his employment was against the manifest weight of the evidence. We affirm.

Two hearings were held before the arbitrator on the claimant’s application for adjustment of claim. The first hearing was held on December 9, 1985, and the second hearing was held on March 12, 1986. At these hearings, the following evidence was presented. The claimant testified that he had been employed as a welder by the respondent since November 1, 1982, when the respondent took over the Libertyville plant from International Harvester. Prior to the takeover of the plant by the respondent, the claimant had worked for International Harvester since 1970. In 1978, while working for International Harvester, the claimant was assigned to department 330 as a welder, and he had continued in this capacity when the respondent bought the plant in 1982.

As a welder in department 330, the claimant was assigned his tasks by the supervisor upon his arrival at work. Usually, the assignments were made daily; however, sometimes the assignments were made weekly, depending on the size of the job. The types of welding done in department 330 weré table welding, submerged arc welding, wheel welding and axle welding, and over the years, the claimant had performed each of these jobs. The claimant explained that, in table weldments, welding was done on small parts which could be placed on the table. Table weldments also required chipping and grinding as needed. A chipping operation involved using a chipping hammer, a chisel driven by an air impacter, to knock off small weld spatters around the outside of the weld. He further explained that if the chipping hammer did not remove all of the weld spatters, then a pneumatic stone grinder was used to grind off the excess steel. The claimant stated that the noise made by a chipping hammer was like a “drummer playing drums real fast, only steel, [sic] on steel.” The sound created by the pneumatic grinder was a loud, abrasive sound from grinding the steel down. Because of the noise created when performing chipping and grinding operations, the claimant was unable to talk to co-workers two and three feet away unless he yelled. According to the claimant, it was impossible to talk on the telephone in the department when chipping and grinding were going on, because you could not hear to talk. The claimant stated that between 1981 and 1984 he also did air arcing, which involved the use of a carbon rod; through a combination of air pressure and electricity, the weld was melted and then was blown out under high air pressure. The noise created by an air-arcing operation was similar to a jet engine and was much louder than the chipping and grinding operations.

The claimant gave examples of table-weldment work he had performed while employed by the respondent. The claimant estimated that between 1981 and 1984, 50% of his time was spent on jobs that required chipping and grinding operations. The other half of the claimant’s time was spent on submerged arc welding and automatic welding, two operations which did not require the use of a chipping hammer but involved hand chipping. The claimant stated that department 330 was approximately the size of the room where the arbitration hearing was being held, a space of about 30 feet by 40 feet, and, in this room, there were five tables for table weldments.

The claimant further testified that on February 15, 1984, the respondent had each of the employees in department 330 wear a “sound pressure meter type of device,” which was hung around their necks to measure the level of sound in the department. On the date of this testing, the claimant was assigned wheel welding, a task which involved no chipping and grinding. The claimant stated that the jobs performed by the other employees that day also involved very little chipping and grinding.

In May 1984, the claimant’s supervisor, Charles Ostersgard, notified the claimant and his co-workers at a group department meeting that the employees in department 330 were now required to wear hearing protection. The claimant recalled Ostersgard telling them at this meeting that the test results of the February 1984 noise survey indicated that the noise levels exceeded 90 decibels and that this level of noise was bad for their hearing. After May 23, 1984, hearing protection was issued to the workers, and the claimant wore the hearing protection when performing chipping and grinding operations.

About two or three weeks after the mandatory hearing protection was instituted, the claimant, as union steward for the employees, approached Mr. Webb, the plant safety supervisor. The claimant told Webb that the workers did not want to wear the hearing protection as the hearing protection was uncomfortable. According to the claimant, Webb told the claimant that the test results showed a noise level of over 93 decibels and that this level of noise can cause hearing loss; therefore, the workers had to wear hearing protection. It was the claimant’s understanding that it was the respondent’s policy that persons working in high noise-level areas must wear hearing protection.

The claimant testified that he first noticed problems with his hearing when he was in the army between 1966 and 1968. When the claimant started work for International Harvester in 1970, International Harvester gave him a hearing test. He had another hearing test in 1972, and he had had several more hearing tests since that time. His latest hearing test, given by the respondent, was approximately one month prior to the arbitration hearing. The claimant denied having a head injury before or after May 23, 1984. In 1981, the claimant saw Dr. Goldstein for his hearing problems. The claimant again saw Dr. Goldstein in 1984, as he noticed that his hearing was terrible. At present, the claimant stated he does not hear well and his ears “ring a lot,” but the claimant further stated that the ringing had been present for the last three or four years.

Glenwood Webb testified that he is the supervisor of security and safety for the respondent and that he has held this position since the respondent acquired the Libertyville plant in November 1982. Prior to that time, V/ebb had been safety supervisor for International Harvester since March 25, 1977.

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Related

Hamilton v. Industrial Commission
761 N.E.2d 775 (Appellate Court of Illinois, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
604 N.E.2d 365, 237 Ill. App. 3d 150, 178 Ill. Dec. 109, 1992 Ill. App. LEXIS 1635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dresser-industries-v-industrial-commission-illappct-1992.