Esco Corp. v. Industrial Commission

523 N.E.2d 589, 169 Ill. App. 3d 376, 119 Ill. Dec. 833, 1988 Ill. App. LEXIS 538
CourtAppellate Court of Illinois
DecidedApril 28, 1988
Docket4-87-0394WC
StatusPublished
Cited by17 cases

This text of 523 N.E.2d 589 (Esco Corp. 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
Esco Corp. v. Industrial Commission, 523 N.E.2d 589, 169 Ill. App. 3d 376, 119 Ill. Dec. 833, 1988 Ill. App. LEXIS 538 (Ill. Ct. App. 1988).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Claimant James Bullías sought workers’ compensation benefits following a heart attack which he suffered after playing 18 holes of golf, five months after he was discharged by his employer, Esco Corporation. An arbitrator awarded $306.67 per week for life as permanent total disability benefit, and found that the tension and stress caused by a demotion, termination, and other work-related events continued beyond the termination date. The Industrial Commission affirmed, finding that the work-related stresses and resulting coronary injury arose out of and in the course of employment. The circuit court of Vermilion County confirmed the Commission’s decision. The employer appeals, contending that the injury did not arise out of and in the course of the employment.

Claimant worked for Esco from April 18, 1950, to April 16, 1982. He acted as personnel manager for 26 years, and in January 1978 he was congratulated for his work and given a substantial raise. Several months later, in April 1978, claimant was informed by Arnie Wellman, the plant manager, that he was being replaced as director of industrial relations. Claimant testified that he experienced no cardiac problems before this date.

In September 1978, Edward Judice replaced claimant, who kept his title but reported to Judice. In December 1979, Judice spoke with claimant about his possible termination. Claimant testified that Judice said claimant would have to prove he was valuable and would have six months to hold down the cost of workers’ compensation and control absenteeism. Judice agreed that he used the word “termination” in this conversation. Claimant felt shock and nervousness and began sending out resumes.

Judice testified that claimant asked him about the conversation several times, and that claimant worked under the assumption that he would be fired in May, despite assurances by Judice and Wellman that he would not be terminated. Judice observed that claimant had written “D-Day” on his calendar on May 31, 1980. Claimant continued to work past this date.

After 1981, the business went into a decline and a number of employees were terminated.

From May 1980 to January 1982, claimant’s duties and responsibilities were reduced. Claimant became nervous and depressed. He took long car rides at night and watched television frequently. Wellman noticed no changes in claimant during this period.

On January 15, 1982, Judice and Wellman told claimant he was being transferred to the production control department as a production scheduler because there was not enough work in personnel. Several workers were ill in the production control department and someone was needed with a good knowledge of the plant. Claimant performed that job for three months. He felt unqualified, anxious, and nervous. His nervousness prevented his dentures from fitting, and he felt humiliated and embarrassed about his entire situation. He was often unable to sleep, sometimes vomited on the way to work, and considered suicide.

Wellman testified that claimant was subject to low periods, but that during this period his depression lasted longer than usual following the trauma of the move from personnel.

On April 8, 1982, Wellman suggested that the 56-year-old claimant retire early because the business was not doing well. Claimant requested a full pension. The employer had provided several employees with a full pension with an early retirement, although they had been with Esco for fewer years than claimant, but no employee under 60 years old had ever received a full pension. Claimant therefore refused to retire early. Wellman told him it would take several years to become competent in his present job.

On April 16, 1982, Wellman terminated claimant. Claimant testified that he was in complete shock, extremely depressed and upset. Wellman stated that severance checks in the amount of approximately $16,000 would be mailed to claimant so he could avoid the embarrassment of coming to the plant. Subsequently, however, Wellman asked claimant to come to the plant to obtain the checks. Claimant came and discovered the checks totalled only $14,000. After a lengthy discussion, claimant left, but forgot the checks. He telephoned Wellman, who told him the checks were being mailed to the Portland office, and that claimant would have to drop all suits against the employer if he wanted the checks. Wellman denied making these statements.

Wellman testified that workers were terminated on the basis of who was contributing the most at the time. He offered claimant early retirement, 31 weeks of severance pay, pay for that month, and vacation pay, which totalled about $17,000 or $18,000. Claimant refused the checks, stating they were not enough. Other offers, including a job in the bargaining unit at an hourly wage, were rejected by claimant.

Claimant became fatigued and nervous, and experienced minor chest pains after his termination. From April 16, 1982, to September 1982, claimant spoke with Wellman several times.

On September 9, 1982, after playing 18 holes of golf, claimant suffered a myocardial infarction at lunch. Dr. Fabrizio treated him, and diagnosed acute interior wall myocardial infarction.

Dr. Heatherington, the family physician, testified that he believed there was a causal connection between the work-related stress and the cardiac disease. Claimant’s history showed no risk factors other than the stress at work. The record shows, however, that claimant’s mother died of a heart attack at age 60 and that claimant’s brother had suffered a slight heart attack. The record also indicated that a triple bypass was performed on claimant, which may indicate a long-term heart disease.

Dr. Heatherington testified further that he believed that the adrenalin which people under stress release breaks down to catecholamines, which collect and block the arteries. He agreed with Dr. Fabrizio that generally it takes 10 to 15 years to develop coronary artery disease.

Dr. Robert King performed a coronary artery bypass surgery in June 1983. He testified that stress does cause an outpouring of adrenalin, which elevates blood pressure and cortisone, which makes the lining of the arteries more susceptible to damage. He believed this theory was generally accepted. Dr. King opined that the employment stress was the most pronounced risk factor in claimant’s situation. He believed that the constriction of claimant’s arteries progressed much faster than that of the general population because his self-image had been destroyed.

Dr. Robert McGann, a cardiologist, testified for the employer that the demotion and termination were only minor risk factors in the myocardial infarction. He could not completely rule out stress as a cause, but he believed claimant’s family history and elevated cholesterol levels were the most important factors. Dr. McGann disagreed with Dr. King’s theory regarding the adrenalin and cortisone.

In November 1982, the employer closed its manufacturing operation entirely due to the decline in business.

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Bluebook (online)
523 N.E.2d 589, 169 Ill. App. 3d 376, 119 Ill. Dec. 833, 1988 Ill. App. LEXIS 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/esco-corp-v-industrial-commission-illappct-1988.