Jewel Food Companies, Inc. v. Industrial Commission

630 N.E.2d 865, 256 Ill. App. 3d 525, 196 Ill. Dec. 700, 1993 Ill. App. LEXIS 1841
CourtAppellate Court of Illinois
DecidedDecember 10, 1993
Docket1-92-3593WC
StatusPublished
Cited by11 cases

This text of 630 N.E.2d 865 (Jewel Food Companies, 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
Jewel Food Companies, Inc. v. Industrial Commission, 630 N.E.2d 865, 256 Ill. App. 3d 525, 196 Ill. Dec. 700, 1993 Ill. App. LEXIS 1841 (Ill. Ct. App. 1993).

Opinion

JUSTICE WOODWARD

delivered the opinion of the court:

Claimant Jerry Markarian 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.). Therein he alleged an injury to his left foot arising out of and in the course of his employment with the Jewel Companies (the employer). In a decision entered on December 23, 1988, the arbitrator found that claimant was temporarily totally disabled from May 2, 1984, through May 31,1987, a period of 1715/7 weeks. The arbitrator further awarded differential benefits of $192 per week for the period of June 1,1987, through February 26, 1988. The arbitrator also determined that claimant had sustained an 85% loss of his left foot and was disabled to the extent of 10% of the man as a whole. After the Industrial Commission (Commission) heard further evidence, it entered a decision which modified the arbitrator’s decision, increasing claimant’s loss of use of his left foot to 100% and his disability to 40% of the man as a whole. The Commission affirmed the rest of the arbitrator’s decision. The circuit court confirmed the Commission’s decision, and this timely appeal followed.

On appeal, the employer raises six issues, namely, (1) whether an award of temporary total disability (TTD) beyond January 22, 1987, was against the manifest weight of the evidence; (2) whether an award under section 8(d)(1) for wage differential is contrary to law, where an award under sections 8(d)(2) and 8(e) is also made; (3) whether denial of credit to the employer of compensation benefits paid to claimant for the accidental injury pursuant to section 8(d)(2) is contrary to law; (4) whether an award under sections 8(d)(2) and 8(e) is contrary to law, where the accident results in injury to one member and other parts of the body develop problems causally related to the injury incurred to that member; (5) whether the Commission’s decision as to the nature and extent of claimant’s injuries is against the manifest weight of the evidence; and (6) whether the award for claimant’s psychiatric bills is contrary to section 8(a)(3).

At the arbitration hearing, claimant testified that he worked for the employer as an assembler, earning $11.40 per hour. While working on February 1, 1984, he was struck in the left foot by a forklift. He was treated at Westlake Community Hospital. The emergency room records indicate he sustained a transverse laceration, approximately 21h inches long, behind the medial malleolus, an abrasion and small pressure injury over the lateral malleolus. The wound was cleaned and sutured, and claimant was discharged, with instructions to seek follow-up care at the employer’s medical department. Subsequently, he was treated in the medical department and underwent physical therapy at Westlake Hospital.

On February 27, 1984, upon a friend’s referral, claimant went to Dr. Maxwell Corbett, who found healing wounds over the malleoli and induration over the medial side of the ankle. X rays were normal. Dr. Corbett noted that sensation over the injured area was intact and that claimant held his foot in a equinous and inversion position. A short leg cast was applied, and wedges were inserted to promote neutral foot positioning. In subsequent months, Dr. Corbett prescribed physical therapy and alternated the corrective casts with Unna boots and elastic supports. On September 11, 1984, the doctor found claimant had fractured the great toe of his left foot while at home. This injury resulted in recasting. Dr. Corbett removed the cast on October 4, 1984, and found claimant’s left foot was "in a reasonably satisfactory position,” and the left large toe was healed and non-tender. He released claimant to light-duty work with restrictions against heavy lifting, pushing, or pulling. Claimant was encouraged to ambulate.

Claimant testified that the employer did not have light-duty work available, and he remained off work. Claimant was last examined by Dr. Corbett on October 9, 1984, at which time the latter indicated that he was not yet able to return to full duties and required further treatment.

Claimant then switched doctors and came under the care of Dr. Robert C. Hamilton, who examined him for the first time on October 18, 1984, and found considerable inversion of both feet, with the condition worse on the left. Stress X rays, which were performed on October 20, confirmed Dr. Hamilton’s diagnosis of lateral instability. He recommended surgery.

On November 3, 1984, claimant was admitted to St. Joseph Hospital and underwent lateral stabilization of the left ankle with a dacron graft reinforcement. Dr. Hamilton performed the procedure without complication, applied a posterior plaster splint and continued to treat claimant post-operatively. On November 12,1984, the sutures were removed, and the wound was described as "well-healed.” On November 26, 1984, the splint was removed and improved stability was noted. Dr. Hamilton advised him to begin active range of motion and gradual weight-bearing exercises.

In December 1984, Dr. Hamilton reported that claimant would be able to return to unrestricted work in approximately six months. The doctor subsequently released him to work on January 20, 1985, with a restriction against working in a cold environment. Claimant went back to his previous job for approximately two weeks but was unable to continue. Dr. Hamilton returned him to disability status and prescribed exercises until he could tolerate standing for eight hours per day.

On May 31, 1985, Dr. Arman Kelikian took over claimant’s case. Dr. Kelikian noted continued inversion of the left foot. He found full ankle range of motion passively but indicated that the peroneal tendons did not contract properly, which resulted in a lack of active eversion. The doctor reviewed a variety of tests, including stress X rays, which did not show any instability, an arthrogram which was negative for joint changes and loose bodies and other X rays, which indicated the subtalar joint was normal. Dr. Kelkian also performed a synoviogram, which showed some constriction of the sheath about the peroneal tendon. He opined that this condition was the cause of claimant’s continued complaints.

On August 8, 1985, claimant was admitted to Northwestern Hospital by Dr. Kelikian, who performed an anterior tibial tendon transfer and peroneus brevis tenodesis. Also, he cast the left foot in marked eversion. In subsequent examinations, claimant reported persistent pain, and Dr. Kelikian noted continuing heel varus. On November 13, 1985, Dr. Kelikian performed subtalar arthrodesis with screw fixation to relieve "subtalar instability and arthritis.” The post-operative cast was removed on January 27, 1986, and a leg brace was prescribed. Dr. Kelikian released claimant to return to light-duty work on May 29, 1986, with restrictions against ladder climbing or lifting more than 30 pounds.

In April 1986, the employer referred claimant for vocational evaluation and testing by Crawford Health and Rehabilitation Services, Inc. (Crawford Services). Ms. Renee Mattaliano, the vocational supervisor at Crawford Services, met with claimant. She administered and analyzed a variety of vocational aptitude tests.

Claimant returned to work for the employer in June 1986 but testified that he had to leave after a few hours due to pain and swelling in his left foot. Dr.

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Bluebook (online)
630 N.E.2d 865, 256 Ill. App. 3d 525, 196 Ill. Dec. 700, 1993 Ill. App. LEXIS 1841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jewel-food-companies-inc-v-industrial-commission-illappct-1993.