Fencl-Tufo Chevrolet, Inc. v. Industrial Commission

523 N.E.2d 926, 169 Ill. App. 3d 510, 120 Ill. Dec. 15, 1988 Ill. App. LEXIS 510
CourtAppellate Court of Illinois
DecidedApril 20, 1988
Docket1-87-1958WC
StatusPublished
Cited by15 cases

This text of 523 N.E.2d 926 (Fencl-Tufo Chevrolet, Inc. 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
Fencl-Tufo Chevrolet, Inc. v. Industrial Commission, 523 N.E.2d 926, 169 Ill. App. 3d 510, 120 Ill. Dec. 15, 1988 Ill. App. LEXIS 510 (Ill. Ct. App. 1988).

Opinion

JUSTICE WOODWARD

delivered the opinion of the court:

Claimant, Edward Weese, filed an application for adjustment of claim alleging injuries arising out of his employment on October 27, 1984. On July 23, 1986, the arbitrator found that claimant’s condition was causally connected to the accident, that claimant was temporarily totally disabled from October 28, 1984, to June 25, 1986, and that claimant was entitled to $10,752.93 of reasonable and necessary medical expenses.

The Industrial Commission (Commission) affirmed the arbitrator’s decision, and the circuit court of Cook County confirmed the Commission’s finding. This appeal followed.

On appeal, respondent raises the following issues: (1) the Commission erred in allowing into evidence the records of numerous physicians over its hearsay objection; (2) the Commission improperly awarded temporary total disability benefits despite claimant’s repeated refusals to honor respondent’s requests for medical information; (3) the Commission’s award of temporary total disability was against the manifest weight of the evidence; (4) the Commission erroneously awarded medical expenses of service providers beyond petitioner’s first two choices; and (5) the Commission erred in awarding medical expenses already paid by a nonparty and for which petitioner is not liable.

At the time of the accident, claimant was a 27-year-old journeyman mechanic working for respondent. Claimant testified that he was installing a drive shaft in a light truck when the vehicle’s forward gear apparently became engaged. Claimant stated that he was standing in front of the truck with his back to it. The vehicle rolled forward and pinned him against a steel workbench and concrete wall. He was taken by ambulance to Glendale Heights Community Hospital, where he complained of “severe left lower quadrant pain and pain extending around the left thigh into the left sacral area.” He was diagnosed as having a contusion injury of the soft tissues of the left pelvic and thigh regions. Claimant was released from the hospital on November 1,1984.

Claimant testified that on October 3, 1984, he had given respondent 30-day notice of his intention to terminate his employment. He was returning to Michigan to work as a machinist for his father. Claimant left Illinois on November 3, 1984, and took up residence in Shelby, Michigan. He initially came under the care of Dr. C. A. Johnson of the New Era (Michigan) Family Practice Clinic (clinic), a one-physician practice located in a rural area.

Dr. Johnson referred claimant to Dr. John LeClaire, who performed EMG’s on claimant on November 30, 1984, and December 21, 1984. Dr. LeClaire concluded that there appeared to be an isolated lesion to the motor branch of the superior gluteal nerve which innervated the gluteus medial muscle. Claimant was admitted to Mercy Hospital, Muskegon, Michigan, on December 27, 1984, for sympathetic nerve block treatment and trigger point injections. At Mercy Hospital, Dr. Singer served as his treating physician.

Dr. Johnson referred claimant to Dr. D. Cavender at Muskegon’s Hackley Hospital for another EMG, which was performed on March 22, 1985. The results indicated a “severe incomplete lesion of the left superior gluteal nerve.” Dr. Cavender also noted “posterior myotome findings in the left L5, SI distribution which were not previously reported.” He found no significant improvement from prior EMG’s.

Dr. Johnson subsequently referred claimant to Dr. Van Nuis, a Grand Rapids neurologist, who examined him on April 10, 1985. Dr. Van Nuis concluded that there appeared to have been some injury to the superior gluteal nerve with a denervation in the gluteus media. He also noted that from a review of previous EMG’s, it was evident that claimant was experiencing lumbosacral radiculopathy. Dr. Van Nuis indicated that the claimant’s recovery might be slow.

At the request of respondent’s insurer, claimant saw Dr. Oliver Grin on July 3, 1985. At this examination, Dr. Grin observed evidence of a superior gluteal nerve injury. He was also concerned about claimant possibly having “an intraspinal process” and therefore recommended a lumbar myelogram. Claimant was admitted to Blogett Hospital in Grand Rapids, Michigan, on July 17, 1985, and he was subsequently discharged on July 20, 1985. Claimant underwent a lumbar myelogram on July 18, 1985; the results were unremarkable. He was instructed to “stay off work” and to arrange an appointment with Dr. Grin in one or two weeks. Claimant testified that he contacted Dr. Grin after this hospitalization and that Dr. Grin wanted to set a follow-up appointment six months later.

Some time in 1985, Dr. Johnson, apparently for financial reasons, sold the clinic’s practice to Dr. La Violette who, in turn, sold the practice to Dr. Craig Weisse in or about September 1985.

On November 22, 1985, Dr. LeClaire performed another EMG on claimant. He concluded that the test results were consistent with a severe lesion to the superior gluteal nerve and that claimant’s neuropathy had gotten worse since his prior EMG on March 22,1985.

Dr. Weisse referred claimant to Dr. Scott Lachniet, a Muskegon orthopedic surgeon, who, in turn, referred him to the University of Michigan Hospital’s neurosurgery department, where he was examined on December 9, 1985, by Drs. Hoff and Randall. They opined that he had a post-traumatic pain syndrome which had been unresponsive to conservative therapy. Claimant was then referred to the hospital’s pain clinic, where Dr. Michael de Rosayro treated Mm. Several nerve blocks were admimstered to claimant; these provided only temporary relief of his symptoms. Dr. de Rosayro, who saw claimant four or five times in the early months of 1986, diagnosed claimant’s medical condition as a reflex sympathetic dystrophy, a syndrome that results from a nerve injury. On March 5, 1986, claimant underwent a lumbar sympathectomy. The record does not reflect tMs operation’s impact on his condition.

At the arbitration hearing, claimant admitted to performing some light work around the home. He had taken part in a men’s golf league on four occasions, in which he played nine holes and rode in a golf cart. Claimant did some light yard work, including the planting of a few flowers, and oversaw the daytime care of his children.

Initially, respondent contends the Commission erred in allowing into evidence and considering the records of numerous physicians over respondent’s hearsay objection. At the arbitration hearing, claimant sought to introduce into evidence a number of physicians’ records under section 16 of the Workers’ Compensation Act, wMch provides in pertinent part:

“The records kept by a hospital, certified to as true and correct by the superintendent or other officer in charge, showing the medical and surgical treatment given an injured employee in such hospital, shall be admissible without any further proof as evidence of the medical and surgical matters stated therein, but shall not be conclusive proof of such matters.” Ill. Rev. Stat. 1985, ch. 48, par. 138.16.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Troyan v. Reyes
855 N.E.2d 967 (Appellate Court of Illinois, 2006)
Greaney v. Industrial Commission
832 N.E.2d 331 (Appellate Court of Illinois, 2005)
R.D. Masonry, Inc. v. Industrial Commission
830 N.E.2d 584 (Illinois Supreme Court, 2005)
R.D. Masonry, Inc. v. Industrial Comm'n
Illinois Supreme Court, 2005
Chicago Messenger Service v. Industrial Commission
826 N.E.2d 1037 (Appellate Court of Illinois, 2005)
National Wrecking Co. v. Industrial Commission
816 N.E.2d 722 (Appellate Court of Illinois, 2004)
R.D. Masonry, Inc. v. Industrial Commission
812 N.E.2d 382 (Appellate Court of Illinois, 2004)
Navistar International Transportation Corp. v. Industrial Commission
771 N.E.2d 35 (Appellate Court of Illinois, 2002)
Navistar Intern. Transp. v. Indus. Com'n
771 N.E.2d 35 (Appellate Court of Illinois, 2002)
King v. Illinois Indus. Com'n
704 N.E.2d 715 (Appellate Court of Illinois, 1998)
King v. Industrial Comm'n Modified Nov. 24
Appellate Court of Illinois, 1998
Gallentine v. Industrial Commission
559 N.E.2d 526 (Appellate Court of Illinois, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
523 N.E.2d 926, 169 Ill. App. 3d 510, 120 Ill. Dec. 15, 1988 Ill. App. LEXIS 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fencl-tufo-chevrolet-inc-v-industrial-commission-illappct-1988.