Hansel & Gretel Day Care Center v. Industrial Commission

574 N.E.2d 1244, 215 Ill. App. 3d 284, 158 Ill. Dec. 851, 1991 Ill. App. LEXIS 1117
CourtAppellate Court of Illinois
DecidedJune 26, 1991
Docket3-90-0860WC
StatusPublished
Cited by20 cases

This text of 574 N.E.2d 1244 (Hansel & Gretel Day Care Center 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
Hansel & Gretel Day Care Center v. Industrial Commission, 574 N.E.2d 1244, 215 Ill. App. 3d 284, 158 Ill. Dec. 851, 1991 Ill. App. LEXIS 1117 (Ill. Ct. App. 1991).

Opinion

JUSTICE WOODWARD

delivered the opinion of the court:

Claimant, Susan A. Calvert, filed a claim for benefits from her employer, Hansel & Gretel Day Care Center. Following a hearing, the arbitrator awarded benefits including 73/v weeks of temporary total disability, $3,324.45 in medical expenses and 20% loss of the use of her right leg. The Elinois Industrial Commission (Commission) upheld the arbitrator’s award, and the Commission’s decision was confirmed by the circuit court of Peoria County. The employer appeals. A summary of the relevant evidence appears below.

Claimant testified that she had been employed as a teacher at the Hansel & Gretel Day Care Center since 1978. Her pupils ranged in age from 2 through hVz years. The teaching curriculum included music, art, language development and language motor skills. The teaching program was a cooperative effort but each teacher had his or her own nap room with a certain number of children depending on the size of the room.

Claimant testified that at approximately 2 p.m. on January 3, 1984, she attended a staff meeting. Claimant, who is 5 feet 6 inches and at the time of the incident weighed 155 to 160 pounds, sat at the children’s table with her legs under the table, in a chair used by the children, which was smaller than a regular size chair. When she stood up, she turned her legs to the right side and lowered them a little to get them from under the table and turned them still in that position, until they were away from the table. She then sat back on the chair to stand up but when her legs were in front of her, she felt a sharp pain in her right knee, and she could not stand up. The right knee was bent at the joint, and claimant attempted to straighten it out but something in the knee was “catching.” She remained seated and a little while later tried again to stand, but the pain was still there and the right knee still felt like it caught. She could not straighten the right leg. Finally, with her right knee in the bent position, she “hopped” over to awaken her pupils from their nap. She continued to work that day.

Claimant further testified that after work on January 3, 1984, she was driven to Pekin Hospital, where she was seen by her brother, Dr. Neis Calvert. Dr. Calvert and two nurses attempted to straighten out claimant’s right leg, but it was not until claimant was given a shot of morphine and Valium that they were able to straighten out the right leg and place it in a cast. Claimant was also given medication for the pain.

Claimant further testified that, at the recommendation of Dr. Calvert, she saw Dr. Sombeck, who recommended surgery. Claimant wanted a second opinion and saw Dr. Steven Clark. After examining claimant, Dr. Clark also recommended surgery. Prior to the surgery, claimant underwent an arthrogram, and surgery was performed in February 1984. Following surgery, claimant attended physical therapy classes and worked out on the leg machines at the health club she belonged to.

Claimant further testified that when it is cold outside, and her left knee is uncovered, it will start to ache. When, as a substitute kindergarten teacher, she has to kneel for any length of time putting weight on the right knee, it will begin to ache. When she tried doing aerobics again, her right knee would start to ache, or once in a while, it would feel like it was going to give. She has no further appointments with Dr. Clark.

On cross-examination, claimant testified that she had sat in the children’s chairs every day and had gotten up from those chairs successfully. She admitted that there were higher chairs available for her to sit on. At the time of the incident, she used the same method of getting out of the chair that she had used on other occasions at the day care center and at other places outside the day care center.

Claimant further testified that she had had previous problems with her right knee. In 1974, she twisted both her knees playing touch football in college. She did not seek medical treatment after that incident. She denied telling Mr. Joswick from Crawford and Company that she had had problems with her right knee locking since college. She admitted telling Ms. Ward, director of the day care center, in 1978, that she had problems with her leg stiffening up since the injury in 1974. When claimant began working at the day care center in 1978, she would have difficulty with her leg because of the stiffening but it never was swollen; it would lock up but never gave out. She admitted telling Ms. Ward that she had aggravated her knee while exercising on a machine at the health club she had joined; however, she denied that her knee was swollen at that time. She limped because she had an elastic wrap on her knee to prevent further aggravation to it. She denied hurting her knee at a volleyball game in 1983. Rather, her whole body ached after the game. She did not remember complaining to Ms. Ward about her right knee in 1982 or 1983 nor did she recall any special accommodations made for her with regard to the walking she had to do at the day care center.

Claimant further testified that on January 3, 1984, she told Dr. Calvert that she had a several year history of her right knee occasionally locking. She did not recall giving him a history of walking and twisting her knee. Prior to January 1984, she had never had an arthrogram performed on her knee, and she had never seen a specialist for her knee prior to January 1984.

Ardella Ward, director of the day care center from 1975 through 1984, testified that in the fall of 1978, she observed claimant limping, and claimant informed her that her right leg was stiff and that she had had problems with her right knee since college which came and went. Thereafter, when claimant was having difficulty with her right leg, Ms. Ward would arrange to have claimant teach classes that did not require her to use the stairs and where she could remain seated.

Ms. Ward further testified that in 1982, she noticed claimant’s right knee was swollen about IV2 times its normal size, and her right leg appeared to be stiff. Claimant told her it was due to either the exercise she did or the length of time she was on the machine at the health club. According to Ms. Ward, claimant saw a doctor and wore a brace on her right knee. In the summer of 1983, following a volleyball game, claimant was again limping. Between the volleyball game in 1983 and the incident of January 3, 1984, Ms. Ward did not recall anything with regard to claimant’s right knee.

Ms. Ward further testified that on January 3, 1984, claimant was not directed to sit in any particular type of chair and that there were higher chairs she could have sat on. At the time of the incident, claimant and she were discussing something when claimant went to shift her weight and got a painful look on her face. Claimant stated that it was her knee again. Ms. Ward offered to stay with her, but claimant told her that the problem with her knee “comes and goes.” According to Ms. Ward, claimant resumed her duties at the day care center in March 1984.

On cross-examination, Ms. Ward testified that between 1978 and 1984, claimant did not miss any days from work because of her knee although Ms. Ward attributed this to the fact that she made accommodations for claimant. Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
574 N.E.2d 1244, 215 Ill. App. 3d 284, 158 Ill. Dec. 851, 1991 Ill. App. LEXIS 1117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansel-gretel-day-care-center-v-industrial-commission-illappct-1991.