J & J Transmissions v. Industrial Commission

612 N.E.2d 877, 243 Ill. App. 3d 692, 184 Ill. Dec. 1, 1993 Ill. App. LEXIS 520
CourtAppellate Court of Illinois
DecidedApril 14, 1993
Docket2-91-0461WC
StatusPublished
Cited by7 cases

This text of 612 N.E.2d 877 (J & J Transmissions 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
J & J Transmissions v. Industrial Commission, 612 N.E.2d 877, 243 Ill. App. 3d 692, 184 Ill. Dec. 1, 1993 Ill. App. LEXIS 520 (Ill. Ct. App. 1993).

Opinion

JUSTICE RARICK

delivered the opinion of the court:

Claimant, Jimmy Mattison, filed two applications for adjustment of claim (applications) pursuant to the Workers’ Compensation Act (Act) (Ill. Rev. Stat. 1985, ch. 48, par. 138.1 et seq.) as a result of an accident on June 7, 1985 (85 — WC—37151), and a second accident on June 21, 1985 (85 — WC—49098), both occurring during his employment with the respondent, J & J Transmissions. Both accidents involved injury to the claimant’s lower back. Following a consolidated hearing on the two applications, the arbitrator found that the claimant failed to prove that his condition of ill-being was causally connected to his accident of June 7, 1985, and denied the claimant benefits on that application; however, the arbitrator found the claimant did prove his condition of ill-being was causally related to his accident of June 21, 1985, and awarded the claimant 22% weeks of temporary total disability (TTD), medical expenses in the amount of $2,534.75, and permanent partial disability (PPD) for 5% loss of the man as a whole. On review the Industrial Commission (Commission) modified the arbitrator’s decision by finding that the claimant’s condition of ill-being was causally related to his accident of June 7, 1985, and not the accident of June 21, 1985, but affirmed the arbitrator’s decision in all other respects. The circuit court of Kane County confirmed the decision of the Commission. We affirm.

At the arbitration hearing, the claimant testified that he had been employed by the respondent since September 1984. On June 7, 1985, he and another employee lifted a transmission from the floor to his bench. The transmission weighed 80 to 85 pounds. While the claimant was lifting the transmission, his right foot slipped in an oil spot. The claimant did not fall, but he “twisted and strained” his body. Immediately following this accident, the claimant suffered severe lower left back pain, and he noticed it was difficult for him to stand. He sat down for a period of time and tried to relax his back. The claimant testified that it felt like he pulled a muscle at that time. When the claimant injured himself, the shop manager, Mike Lambert, was present as was the claimant’s co-worker John Kosin. The claimant worked another hour and a half before he left for the day, following which he went straight home.

Upon arriving home, the claimant’s back was “really sore,” so he took the medications Darvon and Naprosyn, which he had on hand for another medical problem. The claimant also took a hot bath, and then he went to bed with a heating pad on his back. The next morning, the claimant could not sit up. He described his back as “very painful, swollen.” Because it was Saturday, the claimant stayed in bed that day with the heating pad and took more of his medication. The claimant did not go to work on Monday, but he did light stretching exercises to try to help his back.

The claimant returned to work on Tuesday, at about 1 p.m., as his back had “calmed down enough where I felt I could handle the work”; however, his back was still painful and it was hard for the claimant to get up. At work, the claimant did not do any lifting, but he did work at his bench, which did not require him to bend over. The claimant worked the remainder of the day, and while driving home from work, he stopped once or twice to stretch his back muscles because the muscles were tightening up on him, “like muscle spasms, more pain.” On Wednesday, the claimant stated he was a little more sore from working, but he did return to work. He did not lift anything and he stooped slowly.

The claimant explained that he did not try to do any lifting or bending at work until June 20, at which time he began lifting small transmissions with assistance. During this time, the claimant had continued his self-treatment with medication, heating pad, and hot baths.

On June 21, 1985, the claimant helped Lambert, who was having trouble getting clearance to remove an engine transmission from a car. The claimant was holding a pry bar between the car frame and the engine to move it so Lambert could obtain the necessary clearance. While using the pry bar, his feet again slipped on some antifreeze and oil on the floor. The claimant did not fall down, but he caught himself on the car in such a manner that he ended up like a “U” under the car. The claimant’s weight was on his arms. The claimant stated that he nearly “passed out” from the pain, and he knew he had hurt his back again. The claimant sat down for a while, and after he got up, he went home.

At home, the claimant again took his medication and a hot bath and went to bed with the heating pad. The claimant stayed in bed for the weekend, and on Monday, he called a doctor for an appointment. The claimant saw Dr. Creech the following day. Dr. Creech prescribed medication (muscle relaxers and pain killers) and light stretching exercises. The doctor did not permit him to return to work.

The claimant saw Dr. Creech a week later, but his condition had not improved. The doctor continued the claimant with the same treatment. On July 9, 1985, the doctor released the claimant for light duty, i.e., no lifting, bending or stooping. The claimant worked for a full day upon returning to work, but the next morning he was unable to get out of bed and was stiff and sore. The claimant called the doctor, who arranged for the claimant to undergo a CAT scan. The doctor prescribed more medication and started the claimant on physical therapy. The claimant continued the physical therapy and medication treatment, but when he failed to improve, Dr. Creech referred him to Dr. Schierer, an orthopedic specialist.

The claimant saw Dr. Schierer around September 1, 1985. Dr. Schierer prescribed a back brace, hot packs and exercise under a therapist’s supervision. Eventually, Dr. Schierer prescribed a TENS (transcutaneous electrical nerve stimulator) unit for him. The claimant continued to see Dr. Schierer until November 2, 1985, at which time the doctor released him and told the claimant he could not help him further. Since November 1985, the claimant has continued to use his back brace and his TENS unit as needed. According to the claimant, he uses his TENS unit approximately five times a week, sometimes for an hour, sometimes for all day. When Dr. Schierer released the claimant for work, it was with the restriction that he not be allowed to lift. The claimant testified that he continues to have pain in his back.

On cross-examination, the claimant explained that the medication he took between June 7, 1985, and June 21, 1985, was medicine that he had had on hand for “septic necrosis.” The claimant admitted that he did not seek medical treatment after the incident of June 7, 1985, and that his lost time for work and his professional medical treatment occurred after June 21, 1985. The claimant further admitted that he was “feeling good” when he returned to work on June 11, 1985, but that he was not back to normal. The medication he took on his own relieved the pain, but when the medication wore off, the pain returned.

Certain medical records were admitted into evidence. The records from Dreyer Medical Clinic (Dr. Schierer) indicated that the claimant reported he was injured at work on June 7, 1985, but that he first received medical treatment on June 25, 1985. The diagnosis of the claimant’s condition was given as lumbar and sacroiliac strain.

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Bluebook (online)
612 N.E.2d 877, 243 Ill. App. 3d 692, 184 Ill. Dec. 1, 1993 Ill. App. LEXIS 520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-j-transmissions-v-industrial-commission-illappct-1993.