Excelsior Leather Washer Co. v. Industrial Commission

297 N.E.2d 158, 54 Ill. 2d 318, 1973 Ill. LEXIS 344
CourtIllinois Supreme Court
DecidedJune 4, 1973
DocketNo. 45277
StatusPublished
Cited by8 cases

This text of 297 N.E.2d 158 (Excelsior Leather Washer Co. v. Industrial Commission) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Excelsior Leather Washer Co. v. Industrial Commission, 297 N.E.2d 158, 54 Ill. 2d 318, 1973 Ill. LEXIS 344 (Ill. 1973).

Opinion

MR. JUSTICE KLUCZYNSKI

delivered the opinion of the court:

This is an appeal by Excelsior Leather Washer Company (hereinafter Excelsior) from a judgment of the circuit court of Winnebago County. The court affirmed an award granted by the Industrial Commission to claimant, Esther Kleine, for an injury sustained on August 5, 1967, while she was employed at Excelsior. Excelsior primarily maintains that the Commission’s decision that claimant’s injury was causally related to her employment was improper.

Claimant, who was 53 years of age on the date of the incident, was the only witness to testify before the arbitrator (October, 1969). She stated that she had been a diabetic for about 30 years prior to the time she was hired by Excelsior (1966) and that her employer was aware of her condition.

On the day preceding the incident, she said that she was given a large, tightly packed bag containing strips of twisted leather which were to be cut by a machine. This bag was later described as weighing about 100 pounds. She was unable to remove the strips from the bag and so informed her supervisor, Ronald Miller. He told her to try and that he would empty the bag the following morning if she was unable to do so.

On that day Miller placed the bag on a table near claimant but he did not empty it. Claimant testified that she again requested Miller’s assistance in emptying the bag but he told her to continue her efforts. She then stood on two smaller bags of leather and began to shake the large bag in order to loosen the contents. At this time she experienced a “snap” in her back and she claimed that she felt a severe pain in the left part of her head and numbness in her hands. She also said that her left eye became milky and that she lost her vision in that eye. She stated that she immediately reported the incident to Miller as she had been instructed to do. Upon further inquiry as to what she noticed at the time of the incident in question claimant responded that “it upset me so much at the time I didn’t notice anything and no pain for about two weeks and the pain just got terrific in temple and whole half top of the eye.”

Claimant continued her employment after the incident although she said that the left part of her head “has never quit hurting.” During this time she wore an eye patch or covered her left eye with her hand when she experienced intense pain. On June 5, 1968, claimant was discharged on an unrelated matter and thereafter filed her claim for compensation.

Prior to the incident in question, claimant stated that her sight in both eyes was adequate although her eyes became tired and her vision blurred. At the time of the hearing, she could only discern light in her left eye at certain times.

The record reveals that on August 24, 1967, claimant experienced difficulty with her vision. That day she visited Dr. Roland Pritikin, an ophthalmologist, whose name she found listed “on the bulletin board.” In November, 1967, she went to Dr. Robert Norris at Excelsior’s request after complaining of her condition.

On cross-examination Excelsior produced a two-page handwritten letter dated October 19, 1967, and addressed to Dr. Pritikin. Claimant initially said that the handwriting “partially resembled” her own. She then denied writing the letter but subsequently admitted the authenticity of her signature although she claimed that she did not write the first page. This letter was admitted into evidence before the Commission without objection and reads as follows:

“Dear Sir:
I received a letter from you, today, in regard to my eye injury. My injury, as you said at the time, was not caused by diebetis [rz'c] but by strain when I dumped a bag of leather. I would like a statement in which you do not mention the diebetis [szc] —that only will tend to complicate matters. I completely lost the vision in that eye, and after other treatments, my vision was restored, but fades when the vertibrae [szc] slip. Please send me a statement stating what you told me that the blood vessels ruptured, due to strain, at work. And that I paid you $15.00 for your service. That is all. The Co. knows [page 2] I’m diebetic [sic]. '
This is not a lie, and your statement will coincide with that of the other Drs.
Please forward desired statement by return mail.
Respectfully yours Esther Kleine 1319 - 11th St.
P.S.
My boss was standing right beside me when I lifted the bag, and something popped in the back of my neck & head.” (Emphasis in original.)

The arbitrator denied compensation, finding that claimant had failed to establish a causal connection between the incident and her condition.

On review before the Commission in February, 1971, claimant stated that she had visited numerous physicians including Dr. James Seiverson, to whom her attorney had directed her. She said that between May and August, 1970, she lost the vision in her right eye and that she presently could not see. She was unable to remember the letter sent to Dr. Pritikin.

Dr. James Seiverson,. an eye specialist, testified that he had examined her on two occasions (August, 1970, and February, 1971). He found that she had glaucoma in the left eye and had vision in each eye limited to light perception with an ability to perceive vague shapes to some extent in the right eye. He further said that both eyes suffered from iritis, a condition he characterized as an inflammation of the iris of the eye. He was precluded from examining the posterior portion of the eyes because of numerous hemorrhages and vitreous material found therein.

In response to a hypothetical question based upon the evidence, Dr. Seiverson stated that in his opinion a pre-existing condition of diabetic retinopathy might have been aggravated by the accident thereby precipitating a hemorrhage in the left eye. He explained that the longer a person has diabetes the greater the possibility of retinal hemorrhage because the weakened blood vessels might break if blood pressure increases and this is compounded by an emotional trauma or fall. He described the condition of claimant’s right eye as entirely due to diabetes.

On cross-examination he said that except for claimant’s history there was not a significant difference between her eyes at the present time. He described claimant’s condition of diabetic retinopathy as progressive and stated that any person so afflicted might sustain a hemorrhage at any time but that such occurrence might also be caused by an aggravating incident. However, he was unable to determine the length of time during which claimant had been subject to diabetic retinopathy, and he stated that his opinion as to her present condition and the accident was derived from the history related to him and not from his examination.

Dr. Roland Pritikin testified from information contained in his records. He said claimant had visited him on August 24, 1967, complaining of poor vision in her left eye and the possible need for glasses. She did not mention an accident involving her eye. He examined her and found that she had diabetes and was excessively overweight.

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Bluebook (online)
297 N.E.2d 158, 54 Ill. 2d 318, 1973 Ill. LEXIS 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/excelsior-leather-washer-co-v-industrial-commission-ill-1973.