Frigo v. Industrial Commission

557 N.E.2d 624, 199 Ill. App. 3d 880, 145 Ill. Dec. 854, 1990 Ill. App. LEXIS 836
CourtAppellate Court of Illinois
DecidedJune 8, 1990
Docket1-89-2859WC
StatusPublished
Cited by3 cases

This text of 557 N.E.2d 624 (Frigo 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
Frigo v. Industrial Commission, 557 N.E.2d 624, 199 Ill. App. 3d 880, 145 Ill. Dec. 854, 1990 Ill. App. LEXIS 836 (Ill. Ct. App. 1990).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Petitioner, Dennis Frigo, sought worker’s compensation benefits following a knee injury sustained while working for respondent, Kelly Beverly Plumbing. An arbitrator awarded no benefits after finding that, although a work-related accident had occurred, no disability resulted, and the present condition of ill-being was the result of a non-work-related accident which occurred 16 months later. The Commission upheld the arbitrator’s decision in all respects, except that it awarded medical costs for services rendered within a few weeks after the accident. The circuit court confirmed the Commission’s decision. Petitioner appeals, contending the Commission’s decision is against the manifest weight of the evidence.

Petitioner worked as a plumbing superintendent for respondent. On August 14, 1986, petitioner and another man were carrying a 150-pound box when petitioner tripped, striking his left knee on concrete. The box fell on his legs. Petitioner was in “excruciating pain, I was screaming for about it seemed like eternity ***.” He did not work the remainder of the day. That evening he noticed swelling, pain, and a weakness in the leg. He did not seek medical care that day. On August 15, 1986, petitioner saw Dr. Connell. Petitioner testified that Dr. Connell told him to return to work and “take it easy if you could.”

Dr. Connell’s findings were negative. X rays were also negative. Dr. Connell diagnosed a left knee contusion and recommended that petitioner take aspirin, consider an orthopedic evaluation, and return to work.

A Palos Community Hospital worker’s compensation report dated August 15, 1986, states all tests were negative except for “mild supra-patellar joint effusion” and “tender over left medial knee cap area.” Petitioner refused drugs and a knee brace. He was released for light work “for 2 days, rest if possible.”

On the following work day, petitioner returned to work. On August 28, 1986, Dr. Farrell, an orthopod, examined petitioner. He recommended that petitioner continue to watch the knee and, if there was no improvement in a month, have an arthroscopy performed. Petitioner did not return to Dr. Farrell or to any other physician for medical treatment. Petitioner testified that he did not elect to have the arthroscopy because “I don’t like being cut. I don’t like visiting doctors.”

Petitioner continued to work for the next 16 months. His job duties required him to perform “active” plumbing duties several times a week. This required squatting down, kneeling and standing. He noticed “a stiffness in the knee,” and some pain and swelling. The symptoms “never completely” went away. Petitioner missed no work during this time. He did complain to his supervisor and respondent’s owner, Richard Kelly, “periodically,” such as when the weather would change.

From October 1986 through January 1987, and from October 1987 through January 1988, petitioner participated in pheasant and water fowl hunting seasons. Pheasant hunting required walking through fields which were not level. He usually hunted every weekend. After hunting, he noticed swelling, grinding and crunching in his knee.

On January 3, 1988, petitioner was pheasant hunting in a field on snowy, frozen ground. “As I was walking *** my [left] knee gave out on me.” Petitioner described the incident: “It gave out on me and I went down. When I went down, it felt like I fell in a hole, but there was no hole there.” He noticed “excruciating pain.” It was “just about the same pain” that he had experienced 16 months earlier, in August 1986. Petitioner “tried walking and then it buckled up on me and I figured something was wrong.” He returned to the truck and rested while the others continued hunting.

On January 4, 1988, petitioner sought medical treatment at Palos Community Hospital. A hospital form filled out at 10:15 a.m. states “fell in a hole.” The hospital report includes typewritten information taken down at 10:33 a.m., and states petitioner’s “chief complaint” is: “(L) Knee Injury/Fell in a Hole.” The nurse’s notes written at 11:45 a.m. reads: “male [states] he fell in a hole 1-3-88.” The examining physician’s notes made at about 1:25 p.m. state petitioner complained of “falling in hole with left leg and twisting left knee.”

He complained of pain and weakness in the knee. The examination revealed forward flexion with pain; mild to moderate effusion; tenderness; discoloration from the left knee to the foot; and pain with ambulation. X rays revealed a supra-patellar joint effusion. The diagnosis was left knee joint effusion with 2-degree blunt trauma. Petitioner’s left knee was placed in a knee immobilizer, and he was given crutches. Petitioner did not return to work. Petitioner testified that he did give a history to the admitting nurse, but denied reporting that he fell in a hole, twisting the left knee the previous day.

On January 6, 1988, petitioner saw Dr. Basel I. Al-Aswad, an orthopedic surgeon. In a May 19, 1988, evidence deposition, Dr. AlAswad testified:

“He gave me a history of his past problems dating back to 1986 when he had a possible meniscal tear and he gave me the history that he had given to Dr. Farrell, but there was a new history in that he was out hunting three days prior to him seeing me and his knee gave out on him and it swelled up. But he denied any significant trauma at that time, any new injury or twisting trauma.”

Dr. Al-Aswad testified that there was “a discrepancy between the history given to me and the history that’s on the chart for [January 3, 1988] in the emergency room.”

Dr. Al-Aswad observed effusion, or fluid, of the left knee, tenderness and limited range of motion. Dr. Al-Aswad aspirated 40 cc’s of a bloody fluid from the knee. The excess fluid could have been the result of a twisting incident of the knee. Dr. Al-Aswad testified on cross-examination that the presence of the fluid indicated a recent injury. Fluid accumulates “very rapidly” after trauma. If the knee gave out, petitioner could then have twisted it and fallen. While there was mild effusion seen in August 1986, “[b]y the time he saw me, it just started to accumulate, it became much worse.”

On January 13, 1988, petitioner again saw Dr. Al-Aswad, complaining of pain and inability to bear weight on his left leg. On January 18, 1988, Dr. Al-Aswad performed an arthroscopy. During surgery, he observed Grade II chondromalacia, and synovial hypertrophy, i.e., marked swelling and inflammation of the synovial lining. There was no ligament tear, and no meniscal tear. Dr. Al-Aswad also noted a mild anterior cruciate ligament strain. This condition could have resulted from a twisting incident, or a fall or a variety of incidents. The chondromalacia could occur to “a person who uses his knees a lot in bending.” It can be caused by trauma and can be aggravated by the type of trauma petitioner suffered in August 1986.

Dr. Al-Aswad testified that the negative findings noted by Dr. Connell in August 1986 suggested that no anterior cruciate instability existed, and no collateral ligament instability existed, after the work accident. The lateral collateral ligament tenderness which Dr. AlAswad observed was a new finding compared to the August 1986 examinations.

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Cite This Page — Counsel Stack

Bluebook (online)
557 N.E.2d 624, 199 Ill. App. 3d 880, 145 Ill. Dec. 854, 1990 Ill. App. LEXIS 836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frigo-v-industrial-commission-illappct-1990.