Electro-Motive Division v. Industrial Commission

608 N.E.2d 162, 240 Ill. App. 3d 768, 181 Ill. Dec. 89, 1992 Ill. App. LEXIS 2005
CourtAppellate Court of Illinois
DecidedDecember 11, 1992
DocketNo. 1-91-3639WC
StatusPublished
Cited by4 cases

This text of 608 N.E.2d 162 (Electro-Motive Division 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
Electro-Motive Division v. Industrial Commission, 608 N.E.2d 162, 240 Ill. App. 3d 768, 181 Ill. Dec. 89, 1992 Ill. App. LEXIS 2005 (Ill. Ct. App. 1992).

Opinion

JUSTICE STOUDER

delivered the opinion of the court:

The appellee, Charles Johnson (the claimant), filed an application for adjustment of claim pursuant to the Workers’ Compensation Act (the Act) (Ill. Rev. Stat. 1979, ch. 48, par. 138.1 et seq.) contending he sustained injuries to his left knee and leg in the course of his employment with the appellant, the Electro-Motive Division of the General Motors Corporation (the employer). The arbitrator found the claimant was totally and permanently disabled and awarded benefits. The Industrial Commission (Commission) affirmed. The circuit court reversed and remanded, finding the claimant had failed to carry his burden of proving he was totally and permanently disabled.

Pursuant to the order of the circuit court, the Commission reviewed the entire record and found the claimant was temporarily totally disabled for a period of 171/? weeks. In addition, the Commission compensated the claimant for the permanent loss of 662/s% of the use of his right leg and 30% of the use of his left leg. On review, the circuit court again reversed and remanded, ordering the Commission to reinstate its original decision. On remand, the Commission reinstated the original decision. Subsequently, the circuit court confirmed and the employer now appeals.

The claimant worked as a welder for the employer from 1974 until September of 1981. He testified that around 11:30 p.m. on November 21, 1979, he was working on the assembly of a locomotive. As he ascended the steps of the locomotive he struck his left knee. He immediately experienced pain and some swelling in the knee. (The application for adjustment of claim and the request for hearing lists November 20, 1979, as the date of the accident. The arbitrator found November 20,1979, was the date of the accident.)

The claimant testified he came down from the locomotive and told his foreman, John Wehr, of the incident. He then went to the company nurse and told her of the incident. The records of the company’s medical clinic indicate the claimant was seen on November 20, 1979, concerning a preexisting condition in the right knee. There is no mention of an incident involving the left knee in the November 20, 1979, entry, nor is there a record of a visit to the clinic on November 21, 1979. The clinic’s records indicate the claimant was seen on November 27, 1979; however, no mention was made of a problem with the left knee or of an incident involving the left knee.

On November 30, 1979, the claimant went to the clinic with a complaint concerning the left knee. The records state the claimant claimed he bumped the knee on a “car” a few days before. He received an infrared treatment and an Ace wrap. He continued to receive treatment for the left knee during December of 1979 and January of 1980. The clinic’s records of February 6, 1980, show the claimant complained of pain in both knees. The claimant continued to receive treatment through the spring of 1980.

In May of 1980, the claimant was sent to Dr. Richard Blecha. The claimant described the November incident to Blecha. The claimant told Blecha that at the time of the incident he experienced pain and swelling; however, he felt it was relatively minor. The problem seemed to clear up within a week or two. The claimant told Blecha that since the incident he had been experiencing intermittent pain and swelling in the left knee. Blecha diagnosed a possible torn medial meniscus. Anti-inflammatory medication was prescribed.

Blecha examined the claimant twice in June of 1980. On July 21, 1980, Blecha performed an arthrotomy with a medial meniscectomy on the left knee. Subsequently, the claimant received therapy and returned to work on September 6, 1980. An examination on September 24, 1980, again showed complaints of pain in both knees. The claimant continued to have problems with his knees. The claimant has not worked since he left his employment with the employer on September 11,1981.

The record shows the claimant had a long history of problems with his right knee arising out of a high school football injury in 1955. Surgery was performed on the right knee in 1969. The claimant had an arthroscopy on the right knee in September of 1979, and did not return to work until November 19, 1979. He testified the injury to his left knee occurred two days later.

The record also shows the claimant was injured in an auto collision on March 28, 1979. Medical records state the claimant received injuries to both knees in the collision. In answering interrogatories on December 27, 1979, the claimant denied sustaining any personal injuries since the auto collision in March. This was five weeks after the alleged incident at work.

When asked about what he noticed when walking, the claimant testified that the swollen left knee forced him to put pressure on the right knee which caused it to swell. According to the claimant, this caused the problem with his right knee to reappear.

At arbitration, the claimant offered the deposition testimony of Dr. Irwin T. Barnett. Barnett examined the claimant on June 6, 1981. Barnett opined the claimant’s condition was permanent and that there was a causal connection between the claimant’s injury on November 21, 1979, and the condition of ill-being in both knees. Barnett opined that the claimant favored his left leg by shifting his weight to the right leg. Given the degenerative condition of the right knee, this added stress and strain aggravated or increased the “discomfort” in the right knee.

The employer offered the written opinion of Dr. E. Thomas Marquardt. Marquardt examined the claimant on February 14, 1983. He found a minor impairment of the left leg. He found the claimant’s major problem was the right knee. Marquardt was of the opinion the claimant was unemployable as a result of the condition of the right knee. He opined that if it were not for the condition of the right knee, the claimant could return to full work activity. The parties stipulated that if Marquardt testified he would opine the condition of claimant’s right knee was not related to the November 20, 1979, incident.

The arbitrator found the claimant had sustained accidental injuries on November 20, 1979, arising out of and in the course of his employment. The arbitrator found there was a causal connection between the condition of ill-being in the right knee and the injury of November 20, 1979. The arbitrator determined this condition was caused by the claimant favoring his left leg. The arbitrator held the claimant’s injuries rendered him totally and permanently disabled, and awarded him $238.40 per week for life under section 8(f) of the Act (Ill. Rev. Stat. 1979, ch. 48, par. 138.8(f)).

■ The employer appealed to the Commission, which took some additional evidence. On July 9, 1986, the Commission affirmed with one member dissenting. The Commission observed the claimant had swollen knees and walked with a limp on the right. The Commission found the arbitrator’s findings were supported by the record.

On review, the circuit court held the findings of an accidental injury and a causal connection were not against the manifest weight of the evidence. However, the circuit court held that the finding that the claimant was totally and permanently disabled was against the manifest weight of the evidence.

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Bluebook (online)
608 N.E.2d 162, 240 Ill. App. 3d 768, 181 Ill. Dec. 89, 1992 Ill. App. LEXIS 2005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/electro-motive-division-v-industrial-commission-illappct-1992.