Hudgens v. Industrial Commission

579 N.E.2d 931, 219 Ill. App. 3d 953, 162 Ill. Dec. 117, 1991 Ill. App. LEXIS 1391
CourtAppellate Court of Illinois
DecidedAugust 15, 1991
DocketNo. 5—89—0744WC
StatusPublished

This text of 579 N.E.2d 931 (Hudgens 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
Hudgens v. Industrial Commission, 579 N.E.2d 931, 219 Ill. App. 3d 953, 162 Ill. Dec. 117, 1991 Ill. App. LEXIS 1391 (Ill. Ct. App. 1991).

Opinion

JUSTICE STOUDER

delivered the opinion of the court:

The petitioner, Ethel Hudgens, filed an application for adjustment of claim pursuant to the Workers’ Compensation Act (Act) (Ill. Rev. Stat. 1983, ch. 48, par. 138.1 et seq.). She sought to recover damages for alleged work-related injuries arising from her employment with the respondent, Hoeffken Brothers, Inc. The arbitrator found in favor of the respondent. On review, the Industrial Commission (Commission) found that the petitioner had failed to file a written summary or brief as required by Commission rules. It therefore held that it had no reason to change the arbitrator’s decision and as such affirmed it without reviewing the merits of the case. The circuit court reversed the Commission’s decision and remanded the case, finding that the Commission could not summarily affirm the arbitrator without ruling on the merits.

On remand, the Commission affirmed the arbitrator after reviewing the merits of the case. The circuit court subsequently reversed the Commission. It found that the petitioner had sustained injuries arising out of and in the course of her employment and that a causal relationship existed between the injuries and the petitioner’s condition of ill-being. It therefore awarded the petitioner temporary total disability benefits and found that she was totally and permanently disabled by reason of her psychological injury. The respondent appeals.

This case involves allegations of both physical and psychological injuries arising from the same incidents. The record shows that on August 2 and 5 of 1982, the petitioner was working as a truck driver for the respondent. She testified that on August 2 a load of dirt was put in her truck. The load, however, was too heavy and she could not move the truck. Following normal procedure, another truck arrived to push her truck and get it going. She stated that when the second truck hit her truck she was thrown forward, causing her knees to hit the bottom of the steering column. This happened about six times before her truck was finally freed. She did not go to work on the third or fourth, because her back, shoulder, and legs were stiff.

On August 5, her truck became stuck in a field where she was dumping dirt. Again, another truck came to push her out and she was again thrown forward. She did not recall hitting anything with her body, but after that her back and shoulders began hurting. She reported these injuries to the respondent on August 8, 1982. Neither party produced any witnesses to confirm or refute the petitioner’s claim that these incidents occurred.

The petitioner also testified that since the incidents her back had continually hurt and she could not stand or sit in one position for too long. Furthermore, her knees hurt when she went up and down stairs or tried to walk too far.

The petitioner testified that she saw the following doctors for treatment of her injuries. She first saw Dr. Frick, a chiropractor, but stopped seeing him because she felt he was not helping her. She then saw chiropractors Roy B. Conkling and Arthur L. McAuliffe, whose opinions are set out below. On Dr. Conkling’s advice, she saw Dr. Climaco, a neurosurgeon, who recommended that she see a psychiatrist. She then saw Dr. Rodriguez, an orthopedic surgeon. However, she quit seeing him because she felt he was not helping her.

Thereafter, she saw Dr. Miller, an orthopedic surgeon, who ordered an arthrogram. This was performed at Oliver C. Anderson Hospital on February 18, 1983. Dr. Miller refused to treat her further because she refused to take Zomac, a medication he prescribed. She then saw Dr. Fritsch, an orthopedic surgeon, who gave her an injection in her knee and ordered her to wear a knee brace. He refused to treat her further because she could not pay for his services.

She also saw orthopedic surgeons Shu-Fang Chen and Sherman J. Wayne. In addition, she saw psychiatrists Edwin Wolfgram and Leonard Wiedershine. Each of these doctor’s opinions is set forth below.

The petitioner also testified regarding incidents of sexual harassment. On August 2, when she pulled her truck under the loader to fill it, the man operating the loader told her he wanted to go to bed with her. She waved him away. On August 5, she was informed by another employee that Bill Kiser, the respondent’s mechanic, wanted to “get into her pants.” She also stated that she had been sexually harassed by fellow employees since April of 1982. As a result, she contacted Robert Miller, the respondent’s vice-president in charge of labor relations, on August 2,1982.

Miller testified that he met with the petitioner on August 4, 1982. She told him that she was forced to drive unsafe equipment and that she was forced to work under unsafe conditions. She also told him that on August 2, 1982, the loader operator had stated that he wanted to go to bed with her. She did not complain about any other incidents of sexual harassment.

The medical records regarding the physical injuries show that the petitioner sought the care of chiropractor Roy B. Conkling on August 23, 1982. In his deposition, Dr. Conkling testified that the petitioner told him she was injured at work when her truck was struck by another truck on two separate dates. She complained that she was suffering from pain in her neck, back, and knees. In Conkling’s opinion, the petitioner’s injuries were caused by the two incidents. He said the incidents aggravated a preexisting condition and that the petitioner was totally disabled from August 5, 1982, to December 14, 1982, the date of the deposition.

Dr. Conkling sent the petitioner to chiropractor Arthur L. McAuliffe for consultation. His report was consistent with Dr. Conk-ling’s report that the petitioner suffered a traumatic knee sprain.

The petitioner began seeing her current orthopedic surgeon, Dr. Chen, on March 17, 1983. In his deposition, Dr. Chen stated that the petitioner told him she was injured when another truck slammed into a truck she was driving. This occurred on both August 2 and August 5 of 1982.

. He noted that she had minor swelling in her left knee and crepitation in both knees. In addition, the prior arthrogram showed the possibility of chondromalacia patella in both knees. He performed arthroscopic surgery on her left knee and recommended surgery for the right knee.

In his opinion, the petitioner’s back and knee problems were the result of the trauma she suffered on August 2 and 5 of 1982. He also stated that she had been disabled and unable to perform her job since August 5, 1982.

Dr. Wayne testified on behalf of the respondent. He stated that he examined the petitioner on September 1, 1982, and again on December 7, 1984. Regarding the history the petitioner gave him on her first "visit, he stated that she told him she had been injured at work. His notes regarding her history also showed that the witnesses at the scene discounted the idea that the impact was great enough to cause any significant jarring of the petitioner. He testified that his examination revealed no injury to her knees, back, or neck and as such it was his opinion that she needed no medical treatment.

Following the December 7, 1984, examination, he found some signs of bilateral patellar malalignment and chondromalacia.

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Bluebook (online)
579 N.E.2d 931, 219 Ill. App. 3d 953, 162 Ill. Dec. 117, 1991 Ill. App. LEXIS 1391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudgens-v-industrial-commission-illappct-1991.