Illinois Power Co. v. Industrial Commission

530 N.E.2d 617, 176 Ill. App. 3d 317, 125 Ill. Dec. 459, 1988 Ill. App. LEXIS 1540
CourtAppellate Court of Illinois
DecidedNovember 3, 1988
DocketNo. 4—87—0055WC
StatusPublished

This text of 530 N.E.2d 617 (Illinois Power Co. 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
Illinois Power Co. v. Industrial Commission, 530 N.E.2d 617, 176 Ill. App. 3d 317, 125 Ill. Dec. 459, 1988 Ill. App. LEXIS 1540 (Ill. Ct. App. 1988).

Opinions

JUSTICE BARRY

delivered the opinion of the court:

The petitioner, Charles Simcox, sought benefits under both the Workmen’s (now Workers’) Compensation Act (Ill. Rev. Stat. 1977, ch. 48, par. 138.1 et seq.) and the Worker’s Occupational Diseases Act (Ill. Rev. Stat. 1977, ch. 48, par. 172.36 et seq.) for exacerbation of a coronary disorder due to trauma, coronary artery disease and other injuries sustained while he was employed by the respondent, Illinois Power Company (the Company). Adjudicating all issues pursuant to the Workmen’s Compensation Act, the arbitrator found it uncontroverted that the accident occurred, that it arose out of and in the course of employment and that there was no causal connection or permanent disability, and she denied the petitioner’s claim. The Industrial Commission affirmed, but the circuit court of Macoupin County reversed and remanded the cause to the Commission to determine compensation. The Company’s appeal from that decision was dismissed for lack of a final order. Upon remand the Commission rendered a total and permanent award. On January 14, 1987, the circuit court confirmed the award, and the respondent again appeals to this court.

In 1947 the petitioner began to work for the Company as an electrical lineman. Five years later he was promoted to line crew foreman. In September of 1975 the petitioner suffered a nonwork-related acute, but mild, inferior wall myocardial infarction. He was treated conservatively. The following April he resumed his supervisory position, which involved inspecting work orders, assigning jobs, ordering materials, making materials and equipment accessible to his crew, keeping time sheets and other records, collecting data from transformers, occasionally climbing with his crew, digging holes, framing poles and crossarms and operating equipment. Between April of 1976 and August 22, 1977, the petitioner felt good and seemed healthy. On August 22, 1977, the then 59-year-old petitioner and his crew completed two underground service jobs and proceeded to the pole yard to unload a shipment of poles, some of which had shifted forward against the flatbed trailer’s steel, horseshoe-shaped, bulkhead. After removing some poles, the crew attempted to pry the bulkhead loose with crowbars and a metal sling attached to a winch line. The petitioner was standing on the truck’s “belly” gas tank. Suddenly the bulkhead detached, struck the petitioner’s left hip and chest, and propelled him through the air some 26 feet to the ground. He landed primarily on his heels and left hand.

The following morning the petitioner consulted his local general practitioner, Dr. Marciukaitis, but then returned to the Company office to do paper work the remainder of the week. On the weekend the petitioner’s chest and shoulder pains suddenly intensified when he was working at home on his washing machine. On August 29, Dr. Marciukaitis hospitalized the petitioner in the local hospital’s intensive coronary care unit for pain in the heart region radiating to the left shoulder, left arm and back. The petitioner exhibited a shortness of breath and persistent pain in his hand, arm, and heels.

Several days later the petitioner transferred to Barnes Hospital in St. Louis, Missouri, where he consulted daily with Dr. Edward Massie, a board-certified specialist in cardiology and cardiovascular diseases. Then to alleviate high grade obstructions in the petitioner’s left anterior descending coronary artery and his right coronary artery, Dr. Massie referred him for double coronary bypass surgery. That was performed on September 21, 1977. The petitioner continued to see Dr. Massie thereafter. Dr. Massie detected no further deterioration or permanent heart damage, but observed that the petitioner’s coronary artery disease and chest tenderness persisted.

The issues presented for our review are: (1) Whether the circuit court improperly substituted its judgment for that of the Industrial Commission, and (2) whether there is sufficient evidence to support an award of total permanent disability under section 8(f) of the Workmen’s Compensation Act of Illinois (Ill. Rev. Stat. 1977, ch. 48, par. 138.8(f)).

Because we are concerned primarily with the petitioner’s coronary disorder and how it may have been affected by the incident of August 22, 1977, we will now detail the evidence depositions of board-certified attending cardiologist Dr. Massie and the respondent’s board-certified cardiologist, Dr. Scherlis. Neither doctor testified before the arbitrator or the Commission.

It was the opinion of Dr. Massie that the petitioner’s condition was not directly related to his 1975 infarction. Instead, Dr. Massie concluded that the August 22, 1977, accident precipitated total disability by exacerbating the petitioner’s coronary artery disease and by directly affecting the condition of his heart. The doctor further opined that the petitioner’s left peri-nipple area chest pains were anginal as well as due to trauma, and that physical exertion could have precipitated the petitioner’s complaints. Further he specifically indicated that such a harrowing experience could aggravate the petitioner’s arteriosclerotic disease and produce anginal pain, as would excitement, consternation, apprehension and argumentation. He said that upon surgical intervention performed within a month of the accident it was found that the petitioner had fortunately developed good collateral circulation about his heart subsequent to his 1975 myocardial infarction. Dr. Massie also verified that the onset of symptoms following the precipitating factor can be delayed.

Dr. Scherlis did not examine the petitioner. He based his opinion on the petitioner’s medical records. In his deposition Scherlis stated that arteriosclerosis is not caused by trauma and concluded as follows: Arteriosclerotic heart disease caused blockage in at least one of the petitioner’s blood vessels and resulted in his 1975 infarction; thereafter, he improved, stabilized, experienced occasional angina and again developed progressive hardening of the arteries; the external trauma of August 22, 1977, neither caused nor worsened the petitioner’s disease; on August 27 when the petitioner worked on a washing machine “he experienced angina, discomfort due to the heart’s increased work demand and inadequate coronary blood supply”; no further damage to the petitioner’s heart muscle was detected thereafter, but subsequently, due to hardening and accumulations, two of the petitioner’s major coronary arteries were obstructed; in 1979, the petitioner’s coronary artery disease persisted.

Dr. Scherlis further opined that there was no causal connection between the accident and subsequent occurrences with the petitioner’s heart, as no medical evidence indicated that the petitioner’s coronary condition was attributable to or worsened by the accident. He added that the gradual coronary sclerotic process could have caused the blockage as well as the exacerbations and remissions in the petitioner’s condition.

It is undisputed that this petitioner suffered arteriosclerosis. It also appears undisputed by the medical witnesses that the onset of the disease here was not caused by trauma. However, neither of the foregoing is of particular concern here. The determinative question is whether this petitioner’s experience of August 22, 1977, aggravated his coronary disease.

The petitioner suffered an acute, but apparently mild, myocardial infarction in 1975.

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Bluebook (online)
530 N.E.2d 617, 176 Ill. App. 3d 317, 125 Ill. Dec. 459, 1988 Ill. App. LEXIS 1540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/illinois-power-co-v-industrial-commission-illappct-1988.