Fermi National Accelerator Lab v. Industrial Commission

586 N.E.2d 750, 224 Ill. App. 3d 899, 166 Ill. Dec. 792, 1992 Ill. App. LEXIS 28
CourtAppellate Court of Illinois
DecidedJanuary 15, 1992
Docket2-91-0356WC
StatusPublished
Cited by10 cases

This text of 586 N.E.2d 750 (Fermi National Accelerator Lab 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
Fermi National Accelerator Lab v. Industrial Commission, 586 N.E.2d 750, 224 Ill. App. 3d 899, 166 Ill. Dec. 792, 1992 Ill. App. LEXIS 28 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

Claimant suffered an injury to his right anide when he twisted it after stepping off a stoop on respondent’s premises. While recuperating nine days later, he fell at a shopping mall, causing additional injuries to his right knee and left thumb. The Industrial Commission (Commission) determined that both injuries constituted a single accident and awarded benefits. The circuit court confirmed the Commission’s decision.

On appeal, respondent raises the following issues: (1) neither injury is compensable; (2) a shorter period of temporary disability should have been awarded; (3) some of claimant’s medical problems are not causally related to his accident; (4) penalties were improperly imposed; (5) the Commission erred in remanding the case to the arbitrator to determine the amount of any credit which respondent might be due because of its overpayment of benefits to claimant; and (6) the arbitrator improperly refused to admit testimony from two of respondent’s witnesses.

The underlying facts are substantially uncontroverted. Claimant filed separate applications for adjustment of claim for two injuries occurring on May 10 and May 19, 1989. Claimant holds a Ph.D. in toxicology and pathology and was employed by respondent as an environmental and occupational health and safety engineer at its 4,800-acre complex. Claimant’s duties included recovering water and soil samples from a variety of locations within and without the laboratory facilities for further analysis.

On May 10, 1989, claimant and another employee, Mark Thomas, were in the central utility building on site waiting to recover a water sample. Due to a water treatment process which was in progress, Thomas decided to leave the building to smoke a cigarette. Claimant accompanied Thomas to get some fresh air. With respect to the accident, claimant testified:

“I followed Mark out the door and Mark went left and I went to follow him and as I followed I stepped off this stoop and as I stepped off the stoop my foot felt something solid. I transferred my weight but as I transferred my weight the rocks trader foot gave way and my foot rolled to the right.”

Claimant severely twisted his right ankle and fell. He was removed to a hospital and, after an X ray, was given medication, had the ankle placed in a splint, and was provided crutches.

Claimant testified he had never used crutches before, was not given any instructions in their use, and did not remember if they were adjusted to his height before he left the hospital. Because he had never used crutches, claimant stated his movements and ability to walk were awkward. He relied upon a combination of hopping and jumping to get around.

Two days after the accident, claimant saw Dr. Lowry, who placed a cast on claimant’s right foot and told him to return home and stay off his feet. Except for going to the bathroom, claimant remained bedridden. Nine days after the accident, claimant again saw Lowry on May 19, 1989. A new cast was placed on the right ankle which extended to claimant’s knee. Lowry again sent him home and told him to rest the leg.

Claimant’s wife drove him to and from the May 19 appointment with Lowry. On the way home, claimant had the urge to void urine and his wife stopped at a shopping mall for that purpose. The parties entered the mall through a Marshall Field store. Claimant was using his crutches.

The store entrance was carpeted but the floor inside the doorway was either linoleum or marble tile. Both the carpet and floor were wet due to the fact that it had rained earlier in the day. Claimant testified that as he was walking with his crutches, they slid out from under him. His left foot went forward and his right foot with the cast went backward. He then fell on his elbow and back injuring his right knee and left thumb. Claimant called Dr. Lowry from the mall. Lowry advised him to come in for treatment in several days. Claimant again visited Lowry on May 22, 1989, at which time Lowry placed claimant’s left arm in a cast from his fingers to the elbow.

Following the May 19 office visit with Lowry, but prior to the subsequent accident, Lowry told claimant he should stay off work for four weeks or until approximately June 20, 1989. According to claimant, Lowry never told him he was able to return to sedentary work prior to his second fall.

Claimant received a letter dated May 31, 1989, from respondent’s insurance carrier indicating sedentary work was available. Claimant immediately called both Dr. Lowry and Dr. Lang, medical director at the Fermi Lab, to explain that he had casts on both his leg and arm and could not walk. Dr. Lang, according to claimant, advised him on either June 2 or 3 that the letter had been sent prior to knowledge of the extent of claimant’s injuries and that it was sent in error.

Claimant again saw Dr. Lowry late in June 1989. The casts were removed from claimant’s arm and leg, and his leg was wrapped in an elastic bandage and an air splint. Claimant returned to Lowry on August 17 when Lowry prescribed extensive physical therapy. Although claimant acknowledged that his right ankle began to improve slowly, he testified that his knee, wrist, and thumb were still extremely painful and showed no improvement. At approximately this point in time, Lowry informed claimant that he could expect to have pain for at least 8 to 10 months during recovery.

Claimant then sought out Dr. Sawchyn. Claimant contended that he learned of Sawchyn’s name through inquiries at the University of Illinois Medical School and Hospital where he had been a student. Claimant saw Sawchyn on September 6, 1989.

Claimant testified that his ankle, knee, and wrist remain painful, he cannot walk properly, and has a problem negotiating stairs. Claimant also stated he attempted to solicit outside consulting work after his injuries but because this employment would have required travel and other physical activities, claimant did not find alternative work.

On cross-examination, claimant admitted that in July 1989 he and his wife went to the Caribbean for a vacation. He also stated he was able to perform sedentary work as of the date of the arbitration hearing, November 6, 1989. Finally, he acknowledged that during his last visit to Dr. Lowry, Lowry advised that he had only certified claimant to be off work until August 5,1989.

On re-cross-examination, claimant testified that the trip he and his wife took was a 30th wedding anniversary vacation that had been scheduled since December 1988.

Dr. Lowry, a board-certified orthopedic specialist, testified he first saw claimant on May 12, 1989, for a severe sprain to claimant’s right ankle. An X ray revealed no fractures, and claimant’s ankle was splinted and crutches were provided. Claimant’s next visit was on May 19 when a short leg cast was applied to the right ankle and the use of crutches was continued. Prior to May 19, Lowry wrote to respondent indicating that in the intermediate to near future it was possible claimant could return to sedentary work if it required only sitting.

Lowry again saw claimant on May 22 following his subsequent fall.

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Cite This Page — Counsel Stack

Bluebook (online)
586 N.E.2d 750, 224 Ill. App. 3d 899, 166 Ill. Dec. 792, 1992 Ill. App. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fermi-national-accelerator-lab-v-industrial-commission-illappct-1992.