Federal Marine Terminals, Inc. v. Illinois Workers' Compensation Commission

864 N.E.2d 838, 371 Ill. App. 3d 1117, 309 Ill. Dec. 597, 2007 Ill. App. LEXIS 189
CourtAppellate Court of Illinois
DecidedMarch 6, 2007
Docket1-06-1738 WC
StatusPublished
Cited by7 cases

This text of 864 N.E.2d 838 (Federal Marine Terminals, Inc. v. Illinois Workers' Compensation 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
Federal Marine Terminals, Inc. v. Illinois Workers' Compensation Commission, 864 N.E.2d 838, 371 Ill. App. 3d 1117, 309 Ill. Dec. 597, 2007 Ill. App. LEXIS 189 (Ill. Ct. App. 2007).

Opinion

JUSTICE HOFFMAN

delivered the opinion of the court:

Federal Marine Terminals, Inc. (Federal Marine), appeals from an order of the circuit court of Cook County which confirmed a decision of the Illinois Workers’ Compensation Commission (Commission) awarding benefits to Vincent Buza (claimant) under the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 1998)). For the reasons that follow, we affirm.

The claimant filed an application for adjustment of claim pursuant to the Act, seeking benefits for injuries he received on March 30, 1999, while in the employ of Federal Marine. The facts relevant to our disposition of this appeal are taken from the evidence adduced at the arbitration hearing.

The claimant was born on June 28, 1947. As the result of a swimming accident when he was 14 years old, the claimant’s right hand is paralyzed and he has a slight right-leg limp. According to the claimant, he is essentially left-handed. He does, however, use his right hand to hold or lift objects. One of his examining physicians described the claimant’s right hand as functionally limited to a large extent.

In 1969, the claimant began working in the marine shipping industry as a cargo checker. In 1984, he began working for Federal Marine as a warehouse manager. The claimant’s duties in that capacity included monitoring the loading and unloading of ships, the loading of trucks, and the inventory of cargo. He was also required to schedule work crews. As a warehouse manager, the claimant had supervisory authority over both longshoremen and checkers. Cargo which was moved to or from Federal Marine’s terminal by truck and railcar was loaded onto, or unloaded from, ships with cranes operated by the longshoremen. Checkers are responsible for locating and identifying cargo and are also responsible for the paperwork relating to the receipt and delivery of the cargo. Approximately 70% of the claimant’s time was spent in the warehouse and on the dock. He spent the remainder of his time doing paperwork. According to the claimant, he would only go onboard a ship in the course of his duties once or twice a year. Although the claimant did not physically load or unload cargo, he was required to walk, bend, and kneel while performing his duties. He stated that, on a busy day, he would walk more than five miles.

The claimant testified that, on March 30, 1999, he entered a dark warehouse to take an inventory. As he went to turn on the lights, he tripped over a piece of wood, falling forward. The claimant stated that he broke the fall with his hands and left knee and then rolled over on to his back. He testified that he immediately felt pain in his left knee.

The following morning, the claimant went to Trinity Hospital, complaining of pain in his left knee and left shoulder and a burning sensation in his fingers and left hand. Diagnostic images taken on that date showed no fractures or dislocations.

On April 3, 1999, the claimant came under the care of Dr. Richard Egwele, an orthopaedic surgeon. The claimant complained of pain in his left hand, shoulder, and knee. On that date, Dr. Egwele diagnosed traumatic left subdeltoid bursitis and soft tissue contusions to the claimant’s left knee and hand.

On June 15, 1999, Dr. Charles Bush Joseph examined the claimant at the request of Federal Marine. He diagnosed a probable left knee meniscal tear and a left rotator cuff strain. Although Dr. Bush Joseph noted that the claimant had a long-standing and complicated medical history, he was of the belief that “there was most likely some aggravation of his preexisting condition, as a result of the work-related injury in March, 1999.” Dr. Bush Joseph recommended an arthroscopic debridement of the left knee. He noted no objective neurological findings referable to a lumbar spine injury.

On July 7, 1999, the claimant underwent a left knee arthroscopic meniscectomy and debridement, which was performed by Dr. Egwele. The claimant continued to treat with Dr. Egwele postoperatively.

The claimant was reevaluated by Dr. Bush Joseph on September 14, 1999. In a report of that examination, Dr. Bush Joseph noted that the claimant reported a 30% improvement in the condition of his left knee, mechanical pain in his low back, and left knee pain. He diagnosed chronic left shoulder pain, mechanical low back pain, and degenerative arthritis in the left knee. As of that date, Dr. Bush Joseph found that the claimant had reached maximum medical improvement and opined that he could return to work as a warehouse supervisor with permanent restrictions against lifting with his left upper extremities, kneeling, squatting, or climbing.

When the claimant was last seen by Dr. Egwele on October 28, 1999, he was still complaining of pain in his back, left shoulder, and left knee, and he was walking with a cane. As of that visit, Dr.. Egwele authorized the claimant to return to modified duties with no lifting, prolonged standing, walking, squatting, or climbing.

On September 1, 2000, the claimant had an MRI of his cervical spine at the request of Dr. Kathryn A. Hanlon, a neurologist. The report of the test noted a prominent posterior vertebral body osteophyte from C4 through C6 which was compressing the anterior cord and spinal stenosis at C5-C6 and C6-C7. On September 12, 2000, the claimant had a CT scan of his. spine at the request of Dr. Hanlon which revealed severe facet joint degenerative changes with a narrowing of the neural foramina at L4-L5 and L5-S1; spurring, causing an impression on the thecal sac on the left at L2-L3; mild borderline narrowing of the spinal canal at L3-L4; and diffuse bulging at L4-L5 and L5-S1.

On referral from Dr. Hanlon, the claimant was first seen at the Chicago Institute of Neurosurgery (CIN) on September 28, 2000. In a report of that visit, Dr. Marc A. Levin recorded a history of the claimant having suffered a fall on March 30, 1999, and thereafter developing low back pain and numbness in his left hand. Dr. Levin also noted that the claimant stated that, after his fall, he had diminished fine motor movements in his right arm and leg. Dr. Levin diagnosed cervical spinal cord stenosis and lumbar stenosis. He ordered an MRI of the claimant’s lumbar spine and recommended that the claimant undergo operations on both his cervical and lumbar spine.

On November 14, 2000, Dr. Mitchell Gropper and Dr. Levin operated on the claimant. The procedure was quite extensive, involving a C4 corpectomy, C5 corpectomy, a decompressive cervical laminectomy at C3-C7, a posterior osteotomy at C4 and C5, a posterior segmental fixation at C3-C7, the placement of a sibular strut graft from C3 to C6, and an anterior spinal instrumentation at C3-C7. The postoperative diagnosis was cervical spondylitic myelopathy.

The claimant continued to treat at CIN postoperatively. Dr. Gropper noted in his records that the surgery went well, but the claimant constantly complained of lumbar spinal stenosis and neurogenic claudication.

On December 7, 2001, the claimant was examined, at Federal Marine’s request, by Dr. Edward Goldberg. He both examined the claimant and reviewed his medical records. In a report of that visit, Dr.

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Bluebook (online)
864 N.E.2d 838, 371 Ill. App. 3d 1117, 309 Ill. Dec. 597, 2007 Ill. App. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-marine-terminals-inc-v-illinois-workers-compensation-commission-illappct-2007.