Freeman United Coal Mining Co. v. Industrial Commission

741 N.E.2d 1144, 318 Ill. App. 3d 170, 251 Ill. Dec. 966, 2000 Ill. App. LEXIS 1021
Appellate Court of Illinois·Decided December 27, 2000·No. 5-00-0132 WC·Published·Cited by 23 cases

Opinion

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

Respondent employer Freeman United Coal Mining Company appeals from an order of the circuit court of Christian County affirming in part and reversing in part a decision of the Illinois Industrial Commission (Commission). The arbitrator awarded claimant Edward Sisk $569.29 per week for llO3/? weeks (to the date of the arbitration hearing, August 21, 1998) for temporary total disability (TTD) (820 ILCS 305/8(b) (West 1998)). The Commission modified the duration of TTD to 1083Ar weeks and otherwise affirmed and adopted the arbitrator’s decision. The circuit court, while reversing the Commission’s finding of a causal relationship between claimant’s current back condition and the October 23, 1995, accident, nevertheless upheld the TTD award based on the causal connection between the January 9, 1995, and October 23, 1995, accidental injuries and the current condition of claimant’s knees. No issue is raised in this appeal concerning claimant’s back condition.

The issues are whether the following Commission findings were against the manifest weight of the evidence: (1) a causal connection existed between claimant’s left knee condition and the accident of October 23, 1995; (2) a causal connection existed between claimant’s right knee condition and the accidents of January 9 and October 23, 1995; and (3) the duration of TTD. We affirm.

“The claimant’s injury need not be the sole factor that aggravates a preexisting condition, so long as it is a factor that contributes to the disability. [Citations.] In addition, the question of whether a claimant’s disability is attributable to a degenerative condition or, because of an accident, to an aggravation of a preexisting condition, is a question of fact to be decided by the Industrial Commission.” Caterpillar Tractor Co. v. Industrial Comm’n, 92 Ill. 2d 30, 36-37, 440 N.E.2d 861, 864 (1982).

The test for determining whether a factual finding of the Commission is against the manifest weight of the evidence “is not whether this or any other tribunal might reach the opposite conclusion, but whether there was sufficient factual evidence in the record to support the Commission’s determination.” Beattie v. Industrial Comm’n, 276 Ill. App. 3d 446, 450, 657 N.E.2d 1196, 1199 (1995). The relevant inquiry is whether the evidence supports an inference that the accident aggravated the condition or accelerated the processes that led to claimant’s current condition of ill-being. Mason & Dixon Lines, Inc. v. Industrial Comm’n, 99 Ill. 2d 174, 181-82, 457 N.E.2d 1222, 1226 (1983). A medical expert’s opinion that the current condition could or might have been caused by the accident may be used by the Commission to support a finding of a causal relationship. Cassens Transport Co. v. Industrial Comm’n, 262 Ill. App. 3d 324, 332, 633 N.E.2d 1344, 1349 (1994). When faced with conflicting medical testimony as to causation, it is the province of the Commission to evaluate that testimony. International Harvester Co. v. Industrial Comm’n, 46 Ill. 2d 238, 244, 263 N.E.2d 49, 53 (1970); Tee-Pak, Inc. v. Industrial Comm’n, 141 Ill. App. 3d 520, 526, 490 N.E.2d 170, 175 (1986).

Respondent initially challenges the finding of causation as to the left knee injury as a result of the October 23, 1995, accident. Respondent attempts to show that claimant did not complain about the left knee for some time after the accident. On October 25, 1995, Dr. Scott Kline saw claimant, and claimant said he hurt both knees on October 23, 1995. Kline diagnosed an acute medial collateral ligament sprain in both knees. The record shows on November 9, 1995, claimant was seen by Kline for follow-up for the work injury involving both knees and his back. Kline did not recommend surgery to the left knee at that time, indicating, “Hopefully his knees will settle down.” Respondent also relies on Dr. Z.J. Asali’s May 2, 1996, note in which claimant complained of right knee and low-back pain. Asali is claimant’s family physician. The back condition was of preeminent concern to claimant at that visit and was the major focus of the doctor’s note.

Respondent states that claimant was not complaining about the left knee when he saw respondent’s evaluating physician, Dr. James Strickland. In Strickland’s first report (Juné 18, 1996), claimant said he fell on both knees and he saw Kline for his knee problems, which had improved, but his knees were still causing considerable aching and pain. Strickland noted that claimant only had an injection in the right knee. The remainder of the report concerns the back condition. Strickland’s March 28, 1996, report says that claimant twisted both knees, but the accident affected the right knee more. The report focused on the right knee. There is nothing in these reports that says claimant had no pain in the left knee.

Dr. Richard Morgan, who performed surgeries on claimant’s knees, diagnosed the left knee meniscus tear and surgically corrected it. He did testify to a causal relationship. Respondent argues that Morgan improperly relied on claimant’s history that the left knee remained painful from the date of the accident until he first saw Morgan on June 20, 1996. Morgan testified that, if the history was incomplete or inaccurate, he could change his opinion.

The Commission’s finding of a causal connection between claimant’s left knee condition and the October 23, 1995, accident was not against the manifest weight of the evidence.

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Freeman United Coal Mining Co. v. Industrial Commission, 741 N.E.2d 1144, 318 Ill. App. 3d 170, 251 Ill. Dec. 966, 2000 Ill. App. LEXIS 1021 (Ill. Ct. App. 2000).

741 N.E.2d 1144 (Freeman United Coal Mining Co. v. Industrial Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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