Interlake, Inc. v. Industrial Commission

515 N.E.2d 202, 161 Ill. App. 3d 704, 113 Ill. Dec. 393, 1987 Ill. App. LEXIS 3298
CourtAppellate Court of Illinois
DecidedSeptember 18, 1987
Docket1-86-2390WC
StatusPublished
Cited by11 cases

This text of 515 N.E.2d 202 (Interlake, Inc. 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
Interlake, Inc. v. Industrial Commission, 515 N.E.2d 202, 161 Ill. App. 3d 704, 113 Ill. Dec. 393, 1987 Ill. App. LEXIS 3298 (Ill. Ct. App. 1987).

Opinions

JUSTICE KASSERMAN

delivered the opinion of the court:

On August 11, 1982, 42-year-old Ambrose Resa (claimant) filed an application for adjustment of claim under the Workers’ Compensation Act (Act) (Ill. Rev. Stat. 1981, ch. 48, par. 138.1 et seq.) for injuries allegedly sustained as a result of an accident on July 27, 1982, during the course of his employment with Interlake, Inc. (Interlake). On September 14, 1983, pursuant to a section 19(b) petition, an arbitrator awarded claimant temporary total disability compensation of $327.04 per week for 26 weeks (Ill. Rev. Stat. 1981, ch. 48, pars. 138.8(b)(1), 138.19(b)), and medical expenses of $10,176.37 (Ill. Rev. Stat. 1981, ch. 48, par. 138.8(a)). The Industrial Commission affirmed the award, and the circuit court confirmed the Industrial Commission’s decision. Interlake has perfected this appeal, raising a single issue: whether the act of bending over can be a compensable accident under the Workers’ Compensation Act. We affirm.

The following evidence was presented at the arbitration hearing on April 27, 1983, and June 13, 1983: Claimant testified that he was employed by Interlake as a motor inspector and that he initially injured his back at work on April 19, 1982. On that occasion, claimant was working on an overhead crane and, as he descended a ladder, he fell six or seven feet, striking his lower back against a railing. He went to the company nurse and company doctor, Dr. Kramer, and eventually was sent to St. Francis Hospital for X rays. A radiology report states: “[N]o evidence of a fracture. There is a slight deviation of the upper lumbar spine toward the right which may be due to muscle spasm. The vertebral bodies are otherwise in satisfactory alignment. Mild degenerative lipping is seen on the margins of the lower thoracic vertebral bodies. No other bone or joint pathology is demonstrated.” Claimant was treated conservatively with heat treatments and an elastic brace and was restricted to light duty for two to three weeks and was advised not to climb or perform excessive bending during this period. However, claimant testified that the back pain persisted. This incident was the subject of a separate application for adjustment of claim, the disposition of which is not an issue in this appeal.

On July 27, 1982, claimant was working with John Villaruel, Interlake’s general electric maintenance foreman. Villaruel directed claimant to get a screwdriver. Claimant testified that his tool pouch was lying on the floor and that when he reached down to get a screwdriver from it, his back “snapped.” Villaruel testified that he observed that claimant was in pain because of claimant’s facial expression and stated that he, Villaruel, picked up the screwdriver himself.

Dr. Kramer, the company doctor, noted on July 29, 1982, that claimant had acute back pain. His notes for that day state: “See X Rays 20 April 82 — Osteo Arthritis Dorsal Spine — Unfit for any work— No history of trauma — Recommend referral to personal physician for treatment.”

Claimant was examined by Dr. Charles W. Mercier on August 3, 1982. Dr. Herder’s report of that date states, inter alia, that his examination revealed pain over the lower lumbo-sacral spine, musde spasms and a right list. X rays revealed “an ununited accessory ossification center or fracture of the left transverse process of the 3rd lumbar vertebra.” Dr. Mercier’s diagnosis was a herniated disc. Doctor and patient agreed to a course of conservative treatment and if there was no improvement, then admission to the hospital.

On August 6, 1982, claimant was admitted to Columbus Hospital for conservative treatment: bed rest, traction, heat, physical therapy, and medication. Claimant was discharged on August 13, 1982, and released for work on September 20, 1982. Claimant returned to his regular duties on September 22, 1982, but the pain returned and increased.

Dr. Mercier saw claimant again on December 23, 1982, and on December 27, 1982, claimant was admitted to Columbus Hospital once again. On December 29, 1982, claimant underwent a hemilaminectomy and disc excision. He was released for work on May 9, 1983. Dr. Mercier testified at his deposition that claimant’s disc problem could be directly related to the accident of July 27, 1982. Dr. Mercier explained that “[h]erniated disc can come from any number of stresses or strains even to the point of bending over to pick up a feather.”

On September 14, 1983, the arbitrator awarded claimant temporary total compensation of $327.04 for 26 weeks plus $10,176.37 for medical expenses. The arbitrator found that “the injuries to the low back on April 19, 1982, predisposed the [claimant] to further injuries which manifested itself after the occurrence of July 22, 1982.” The arbitrator relied on the testimony of Dr. Mercier and claimant and the case of Memorial Medical Center v. Industrial Com. (1978), 72 Ill. 2d 275, 381 N.E.2d 289.

On February 7, 1985, the Industrial Commission issued a notice of its decision affirming the arbitrator’s decision. The Commission issued its decision and opinion on review on December 5, 1985, with one commissioner dissenting.

Interlake does not dispute that claimant injured his back when he bent over to pick up the screwdriver; however, it contends that claimant’s act of bending over was a routine personal activity and that therefore claimant has not shown that his injury arose out of and in the course of his employment. The arbitrator and a majority of the Industrial Commission panel found that claimant’s injury was work related. We agree.

To constitute an accidental injury within the meaning of the Workers’ Compensation Act, it suffices to show that an employee’s existing structure, whatever it may be, gives way under the stress of his usual labor. (Atlantic & Pacific Tea Co. v. Industrial Com. (1977), 67 Ill. 2d 137, 141, 364 N.E.2d 83, 85.) Stated differently, to come within the Act, the claimant need only prove that some act or phase of the employment was a causative factor of the resulting injury. (County of Cook v. Industrial Com. (1977), 69 Ill. 2d 10, 17, 370 N.E.2d 520, 523.) This question is one of fact for the Industrial Commission, and we will not substitute our judgment for that of the Commission on the question of causation unless the Commission’s findings are against the manifest weight of the evidence. (Illinois Valley Irrigation, Inc. v. Industrial Com. (1977), 66 Ill. 2d 234, 239, 362 N.E.2d 339, 342.) In the case at bar, claimant initially injured his back in a work-related accident. Claimant testified that he suffered further injury to his back when he bent over to pick up a screwdriver as directed by his supervisor. His supervisor corroborated claimant’s testimony that claimant experienced pain when he bent over. Dr. Mereier testified that claimant’s herniated disc and back problems could be directly related to the second incident of July 27, 1982. No contrary medical evidence was presented. We conclude that this evidence is sufficient to support the decision of the Commission.

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Interlake, Inc. v. Industrial Commission
515 N.E.2d 202 (Appellate Court of Illinois, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
515 N.E.2d 202, 161 Ill. App. 3d 704, 113 Ill. Dec. 393, 1987 Ill. App. LEXIS 3298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/interlake-inc-v-industrial-commission-illappct-1987.