Hooten v. Illinois Workers Compensation Comm'n

2019 IL App (5th) 180528WC
Appellate Court of Illinois·Decided November 6, 2019·No. 5-18-0528WC·Unpublished

Opinion

2019 IL App (5th) 180528WC-U

Workers’ Compensation

Commission Division

Order Filed: November 6, 2019

No. 5-18-0528WC

NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

IN THE

APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

KERRY HOOTEN, ) Appeal from the ) Circuit Court of

Appellant, ) St. Clair County )

v. ) No. 18 MR 36 )

THE ILLINOIS WORKERS’ COMPENSATION ) COMMISSION et al., ) Honorable ) Julie K. Katz,

(Empire Comfort Systems, Appellee). ) Judge, Presiding.

JUSTICE HOFFMAN delivered the judgment of the court.

Presiding Justice Holdridge and Justices Hudson, Cavanagh, and Barberis concurred in the judgment.

ORDER

¶1 Held: We affirm the circuit court’s judgment confirming the Workers’ Compensation Commission’s decision finding that the claimant failed to prove (1) that he sustained an accidental injury arising out of and in the course of his employment or (2) that his current condition of ill-being is causally connected to a work accident and denying the claimant benefits under the Illinois Workers’

Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2012)).

¶2 The claimant, Kerry Hooten, appeals from a judgment of the circuit court of St. Clair County which confirmed the decision of the Illinois Workers’ Compensation Commission (Commission), finding that he failed to prove that he sustained an accidental injury arising out of and in the course of his employment with Empire Comfort Systems (Empire); that his current condition of ill-being is causally connected to a work accident; and denying him benefits under the Illinois Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2012)). For the reasons which follow, we affirm the judgment of the circuit court.

¶3 The following factual recitation is taken from the evidence adduced at the arbitration hearing held on March 30, 2017.

¶4 The claimant has a medical history that is relevant to this appeal, involving two prior workers’ compensation claims he filed against Empire while he was employed as a leadman. On December 2, 2009, the claimant incurred a repetitive trauma to his cervical spine (case number 10 WC 010995). On January 5, 2011, the claimant received an anterior cervical discectomy, interbody fusion at C5-C6 and C6-C7, performed by Dr. Nicholas Poulos. On May 19, 2011, the claimant was released to return to work without restrictions; however, he was not completely pain-free in his neck.

¶5 On December 7, 2011, the claimant incurred a repetitive trauma to his left shoulder (case number 12 WC 06821). On April 17, 2012, the claimant received a left shoulder arthroscopic shaving of a type I “SLAP” tear at the superior glenoid labrum, performed by Dr. Dennis Dusek. The claimant’s left shoulder pain improved, and according to a letter from Dr. Dusek dated May 25, 2012, the claimant was 80-90% pain-free. On May 29, 2012, the claimant returned to full duty work without restrictions. The claimant entered into settlement agreements with Empire on the cervical spine and left shoulder claims in July 2012 and December 2012, respectively. The

settlement agreements provided that the claimant waived his rights to the following: trial before an arbitrator; appeal of the arbitrator’s decision before the Commission; any further medical treatment at Empire’s expense “for the results of this injury;” and any additional benefits if his condition worsens “as a result of this injury.”

¶6 The claimant testified that he could not recall if he was pain-free after the 2012 left shoulder surgery; however, when he returned to full duty work, for about six months, he felt “very decent” physically. He began experiencing pain while performing his duties as a leadman, particularly when working continuously on the air drop machine.

¶7 The claimant testified that Empire manufactures fireplaces and heaters and that he has been employed with Empire as a leadman for approximately 25 years. The claimant explained that his job as a leadman is both supervisory and “hands-on.” He participates in the manufacturing process, ensures proper productivity on the assembly line, and helps other workers “keep up” with the manufacturing process to prevent production slow-down. According to the claimant, in October of 2014, after working on the air drop machine, he began experiencing neck and shoulder pain and informed his safety director, Ronald Musenbrock, of his symptoms. The claimant testified that he experienced pain in his neck and left shoulder from 2012 to 2014, but that his pain level increased from what it was in 2012, such that he now experiences pain in both his left and right shoulders. According to the claimant, when Dr. Dusek released him to work full duty in 2012, he did not have any problems with his right shoulder.

¶8 The claimant testified that he completed air drop work on a continuous basis each day. The air drop job required the claimant to attach four-inch tubes to 3 1/2 to 4 foot long air drop components, using both hands to operate the tube swedger machine. The claimant operated the

swedger machine at shoulder height and experienced shoulder and neck pain because of the force required to hold the swedger machine down into place to allow the tubes to enter the air drop.

¶9 According to the claimant, there were times where he performed overhead work on the paint line. He would raise units over his head and hang them on the chains for paint application. Although hanging units on the paint line was not his normal job, the claimant could perform this job on a daily basis if an employee was behind, needed help, or took a restroom break. The claimant testified that performing work on the paint line hurt his shoulders because he was reaching overhead.

¶ 10 According to the claimant, he also worked on the brake press machine to “fill-in” for other employees. The brake press operates by inserting a flat piece of metal into the machine, engaging the foot pedal, and bending the metal upward to the accurate angle. The claimant testified that when operating the brake press, he was working above shoulder height and that it aggravated his pain when he was twisting and turning the metal in the machine.

¶ 11 Musenbrock testified on behalf of Empire that the claimant had come to see him in October 2014 and reported that he was still experiencing shoulder and neck pain. However, he maintained that the claimant did not request to complete an accident report, nor did he recall the claimant saying that his neck and shoulder complaints were work-related. According to Musenbrock, the claimant had not complained of problems with his neck or shoulders between 2012 (when the claimant settled his prior workers’ compensation claims) and October 1, 2014. He estimated that the claimant would perform work at or above shoulder level for 20% of the day, and that it could be more than 20% depending on the units that were made. Musenbrock testified that 100% of the paint line job involves performing work at shoulder level or above.

Musenbrock also explained that the heaviest units on the paint line may weigh up to 100 pounds, but that an employee would only manually lift units that weighed up to eight pounds.

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

Hooten v. Illinois Workers Compensation Comm'n, 2019 IL App (5th) 180528WC (Ill. Ct. App. 2019).

2019 IL App (5th) 180528WC (Hooten v. Illinois Workers Compensation Comm'n) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Freeman United Coal Mining Co. v. Industrial Commission
670 N.E.2d 1122 (Appellate Court of Illinois, 1996)
Ghere v. Industrial Commission
663 N.E.2d 1046 (Appellate Court of Illinois, 1996)
Certi-Serve, Inc. v. Industrial Commission
461 N.E.2d 954 (Illinois Supreme Court, 1984)
Caterpillar Tractor Co. v. Industrial Commission
541 N.E.2d 665 (Illinois Supreme Court, 1989)
Absolute Cleaning/SVMBL v. Illinois Workers' Compensation Commission
949 N.E.2d 1158 (Appellate Court of Illinois, 2011)
Rogers v. Industrial Commission
572 N.E.2d 375 (Appellate Court of Illinois, 1991)