Ingersoll Milling MacHine Co. v. Industrial Commission

624 N.E.2d 829, 253 Ill. App. 3d 462, 191 Ill. Dec. 641, 1993 Ill. App. LEXIS 1736
CourtAppellate Court of Illinois
DecidedNovember 23, 1993
Docket2-92-1102WC
StatusPublished
Cited by7 cases

This text of 624 N.E.2d 829 (Ingersoll Milling MacHine 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
Ingersoll Milling MacHine Co. v. Industrial Commission, 624 N.E.2d 829, 253 Ill. App. 3d 462, 191 Ill. Dec. 641, 1993 Ill. App. LEXIS 1736 (Ill. Ct. App. 1993).

Opinion

JUSTICE WOODWARD

delivered the opinion of the court:

Claimant, Bonita Boatman, widow of decedent, Dennis Boatman, filed an application for adjustment of claim pursuant to the Workers’ Compensation Act (Act) (Ill. Rev. Stat. 1981, ch. 48, par. 138.1 et seq.). Therein she alleged that decedent had sustained a heart attack on April 13, 1982, while working for the employer, Ingersoll Milling Machine Company. After a hearing held on August 17, 1988, the arbitrator denied compensation. Upon review, the Industrial Commission (Commission) reversed the arbitrator, finding that decedent’s heart attack was work related. The circuit court of Winnebago County confirmed the Commission’s decision, and this timely appeal followed.

On appeal, the employer raises two arguments, namely, that claimant failed to prove that decedent suffered a myocardial infarction and that claimant failed to prove that decedent was exposed to unusual mental or emotional stress arising out of and in the course of his employment.

At the arbitration hearing, the following evidence was adduced. Dennis Hollingsworth, a former electrical field service representative for the employer, testified for the claimant as to the general duties of a field service representative (representative), the position held by decedent at the time of his death. Mr. Hollingsworth worked for several months with the decedent in 1981 on a job in Seattle, Washington. He stated that the representative’s task was to install special machinery for customers at their places of business. Representatives installed machinery all over the United States. The job typically involved unloading as many as 150 crates, sorting and organizing the parts, and advising the customer how to assemble the machine.

Mr. Hollingsworth testified that a representative would normally work 55 to 68 hours per week and would spend about 26 days of every month away from home. Living away from home most of each month put considerable strain on the representative’s family relationships. For example, holidays, birthdays and other special occasions were often missed. Representatives often had to deal with unrealistic goals and deadlines, of both the employer and customers. Sometimes machines were delivered incomplete, did not match expectations, or could not be tested properly in the field. These problems caused additional stress for representatives.

Gaylon Idecker testified for claimant via an evidence deposition. He was employed by Alcoa as a senior staff mechanical engineer. As such, Mr. Idecker served as the project engineer for the installation of a “scalper” machine manufactured by the employer. In that capacity, he worked closely with the decedent, who was the employer’s representative at the Alcoa site located in Davenport, Iowa. Decedent began on the Alcoa job in January 1982, and he was directly involved in all of the problems with parts, equipment, scheduling, personnel and start-up of the machine.

The scalper mills the top and bottom surfaces of aluminum ingots. It is three stories high, 25 to 30 feet wide and 75 feet long. The scalper had been scheduled to begin actual trial runs by December 7, 1981, but a major failure of the machine’s spindle coupling required months of redesigning. There was also a major problem in the machine’s load control. Decedent coordinated the efforts of the electrical servicemen to repair that problem and others that arose. Decedent told Mr. Idecker that “his electrical servicemen were very frustrated in working on the problems. At times, they did not want to return to work the next day. They were fed up, so to speak, tired of working on the problems, the pressure was too great.”

Mr. Idecker also testified that decedent worked very hard and was committed to doing a good job for Alcoa. At times, decedent expressed to him the pressures and frustrations he was experiencing while attempting to solve the problems of installing the scalper. According to Mr. Idecker, there was an enormous amount of pressure to get the equipment operating correctly. Several of the employer’s electrical servicemen assigned to the Alcoa project had left the project due to pressure. Mr. Idecker also was being pressured by Alcoa to get the scalper up and running and decedent, on occasion, stated that he was “getting a lot of pressure from the people back at Rockford on getting the problems resolved.” The scalper was not operational until May 1982, long after it was scheduled to be on line.

Mr. Idecker further testified that it was not unusual to have start-up difficulties with this type of large machine. However, he stated that the design problems with the instant scalper went beyond the usual. He did not notice anything out of the ordinary about the decedent on April 13, 1982, except that he was excited about having his wife and children come to Davenport that night. Mr. Idecker recalled nothing unusual about work on the scalper that day, nor did he recollect noticing that decedent was experiencing any physical problems while at work.

Claimant testified that she married decedent in 1975. It was the second marriage for both of them. Each had four children from the previous marriage, and they had one child from their marriage. Decedent worked for the employer from 1978 until his death on April 13, 1982. He was away from home most of the time due to work and normally came home only every other weekend. On the Alcoa job, he came home every weekend due to the proximity of Davenport to their Rockford residence. Claimant stated that decedent smoked cigarettes and would smoke a pack while home on a weekend. While working at the Alcoa site, decedent normally left at 4 a.m. each Monday morning and returned late on the following Friday evening. During the course of their marriage, decedent, due to his job, had missed numerous birthdays, anniversaries, a baptism, two first communions, a confirmation and many basketball and baseball games. He was also away during claimant’s surgery.

Claimant testified that, when she first saw decedent on the evening of Tuesday, April 13, 1982, he had driven from Davenport to Rockford. He was very pale and tired. Decedent, claimant and three of their children then drove back to Davenport, so that he could be at work early the next morning. It was the children’s spring break, and decedent wanted to spend the next several evenings in Davenport with his family. After the family arrived at the Davenport motel at about 9:30 p.m., claimant noticed again that decedent was very pale. Shortly thereafter, decedent came out of the bathroom and looked “really white.” At that time, decedent stated, “I am just really tired. I’ve been under alot [sic] of stress lately.” Further decedent told claimant that he “kept having this awful pain in [my] chest.” Claimant then asked him how long he had noticed this pain, and decedent replied, “[F]or a couple of weeks now.”

Decedent then lay down on the bed. Claimant asked him if he felt any better. Decedent stated that he felt as if something was sitting on his chest. Decedent also said that he had not felt this way before. At about 10:10 p.m., claimant kissed decedent on the forehead; she noticed that his skin was cold and sweaty. She left the room for a few minutes and upon returning, found her husband unconscious. She called for paramedics, who transported the decedent to Davenport’s Mercy Hospital. Hospital records indicated that decedent was dead on arrival.

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

Related

City of Springfield, Illinois, Police Department v. Industrial Commission
766 N.E.2d 261 (Appellate Court of Illinois, 2002)
Efremidis v. Industrial Comm'n
Appellate Court of Illinois, 1999
Efremidis v. Industrial Commission
719 N.E.2d 1133 (Appellate Court of Illinois, 1999)
Flynn v. Industrial Commission
707 N.E.2d 208 (Appellate Court of Illinois, 1998)
Flynn v. Industrial Comm'n
Appellate Court of Illinois, 1998
City of Waukegan v. Industrial Commission
700 N.E.2d 687 (Appellate Court of Illinois, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
624 N.E.2d 829, 253 Ill. App. 3d 462, 191 Ill. Dec. 641, 1993 Ill. App. LEXIS 1736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ingersoll-milling-machine-co-v-industrial-commission-illappct-1993.