Freeman United Coal Mining Co. v. Industrial Commission

587 N.E.2d 1141, 224 Ill. App. 3d 778, 167 Ill. Dec. 526, 1992 Ill. App. LEXIS 178
CourtAppellate Court of Illinois
DecidedFebruary 5, 1992
DocketNo. 5—91—0383WC
StatusPublished
Cited by4 cases

This text of 587 N.E.2d 1141 (Freeman United Coal Mining Co. 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
Freeman United Coal Mining Co. v. Industrial Commission, 587 N.E.2d 1141, 224 Ill. App. 3d 778, 167 Ill. Dec. 526, 1992 Ill. App. LEXIS 178 (Ill. Ct. App. 1992).

Opinion

JUSTICE LEWIS

delivered the opinion of the court:

The claimant, Bertha Helm, widow of Hartley Helm, deceased, appeals from the judgment of the circuit court reversing the decision of the Illinois Industrial Commission (hereafter referred to as the Commission). With one member dissenting, the Commission found that the decedent was exposed to the hazards of an occupational disease, namely, black lung disease, arising out of and in the course of his employment, to which he was last exposed on January 3, 1983, and that a causal relationship exists between such exposure and the decedent’s death. Accordingly, the Commission found the claimant entitled to death benefits under section 7 of the Workers’ Occupational Diseases Act (Ill. Rev. Stat. 1983, ch. 48, par. 172.42). The arbitrator determined that the claimant had failed to prove by a preponderance of credible evidence that the decedent’s death, “which all agree was the result of pulmonary thromboemboli,” was causally related to exposure to an occupational disease.

The claimant presents a single issue for review, whether the circuit court erred in finding the decision of the Commission against the manifest weight of the evidence.

At the hearing before the arbitrator, conducted on August 17, 1989, the claimant testified that she and her husband had been married on October 16, 1935, and that her husband had died on May 15, 1983, at the age of 67. He had begun to work as a coal miner at the age of about 17 and had always worked below ground. His working conditions were, she said, very dusty, as attested to by his laundry, which was black with coal dust, and her own occasional visits to the mine. She noticed that her husband, who did not smoke, had had some breathing problems for the last 10 to 12 years of his life. When he was about 30 years old, an injury to his legs caused phlebitis in one of his legs. He had retired from employment with the respondent herein, Freeman United Coal Mining Company, in January of 1983.

Testifying by evidence deposition taken on behalf of the claimant on October 13, 1988, was Dr. Edward Corder, who is certified as a diplómate of the American Board of Family Practice. Hartley Helm was his patient from sometime during the 1960’s until about 1974, when Dr. Corder left private practice. In 1978 Dr. Corder resumed private practice; in 1980 Mr. Helm became his patient again and remained as such until his death. In 1980 Dr. Corder saw Mr. Helm because he was “having trouble with his breathing” and referred him to Dr. Sanjabi of the Carbondale Clinic to examine him to determine whether he had black lung disease. Dr. Corder had received no report with respect to that examination.

On April 19, 1983, Mr. Helm came to him complaining of right-sided chest pain, apparently on deep inspiration. Mr. Helm denied having had any recent cold or upper-respiratory infection. Because of the pain in the chest, Dr. Corder suspected pneumonia. A chest X ray taken that day revealed pneumonia, he said, but “[h]is temperature was normal, surprisingly, 98 degrees.” Dr. Corder prescribed antibiotics. The following day, April 20, 1983, Mrs. Helm called Dr. Corder, stating that her husband’s pain was much worse, he could not lie down, and he was having difficulty breathing. He was admitted to the hospital that day, where he remained until his death about V-k weeks later. When Mr. Helm developed sudden shortness of breath while in the hospital, Dr. Corder got a consultation from Dr. M.T. Joseph, a cardiologist.

A lung scan performed at that time showed possible pulmonary embolism. Dr. Corder stated that Dr. Joseph found

“possible blood clots in the legs or the right leg especially, and we suspected that the blood clots were coming from his right leg, and this caused emboli to be passed to the lungs, and of course we immediately put him on anticoagulation heparin therapy to try to thin his blood to stop this clotting. He continued to pass emboli in spite of all the treatment we gave.”

Dr. Corder testified with respect to Mr. Helm’s activity: “He had been up and down to the bathroom, you know. He was improving as far as his pneumonia was concerned until he suddenly started having these shortness of breath episodes.” Dr. Corder described the “mechanism of death” as confirmed by autopsy:

“His final diagnosis was that massive pulmonary thromboemboli, bilateral, this was in both lungs, involving the large pulmonary arteries and small pulmonary arteries, and the second diagnosis was marked pulmonary emphysema with bulla formation, that’s sort of blisters on the lungs that form in an emphysema patient due to chronic overfilling of the lungs. They breathe air in, but they have difficulty getting it out. That’s where we come up with the term ‘obstructive.’ It gets in okay, but they can’t get it out, and the lungs are chronically overfilled. So the second item on the autopsy confirmed my diagnosis, which I’ve been treating him for all along, [which] was chronic emphysema and chronic obstructive pulmonary disease, and the third one was that he had black lung disease or coal miner’s lung, and also on the autopsy he [Dr. Cornelio Katubig] determined that he had arterial sclerotic heart disease and that he had an old infarction some time.”

Concerning his own diagnosis made while Mr. Helm was alive, Dr. Corder testified:

“I think I pointed out quite clearly that since I’ve seen him in 1980 that [sic] one of the diagnoses was chronic obstructive pulmonary disease, which I called emphysema at that time, and since I did not have access to the black lung tests which were being made, I had no way of knowing specifically that that was possibly black lung that I was dealing with. I suspected it, because anybody, any man who works in the mine, you certainly suspect it.”

The witness testified that Mr. Helm had coal worker’s pneumoconiosis, as shown by the autopsy, had worked in the mines long enough to develop it, and would not have developed it without having worked in the coal mines.

Dr. Corder testified concerning a prior injury to Mr. Helm’s right lower leg:

“He had a past history of a bruise of his right lower leg at some time in the past. I can’t put it down to an exact date, but he had problems with that right lower leg for some time. The circulation wasn’t very good in there apparently, because he would develop a rash, an irritated rash, on that right lower leg in the area where he had been bruised in the past, and we had to deal with that several times. Due to his wearing boots and sweating a lot and so forth, the skin would become irritated and break down, and I suspected that possibly one of the reasons why he developed thrombophlebitis in that leg might have been due to the poor circulation due to that old injury many years ago.”

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

Related

Freeman United Coal Mining Co. v. Industrial Commission
677 N.E.2d 1005 (Appellate Court of Illinois, 1997)
Prairie Farms Dairy v. Industrial Commission
664 N.E.2d 1150 (Appellate Court of Illinois, 1996)
Cox v. Oakwood Mining, Inc.
434 S.E.2d 904 (Court of Appeals of Virginia, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
587 N.E.2d 1141, 224 Ill. App. 3d 778, 167 Ill. Dec. 526, 1992 Ill. App. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeman-united-coal-mining-co-v-industrial-commission-illappct-1992.