Komatsu Dresser Co. v. Industrial Commission

601 N.E.2d 1339, 235 Ill. App. 3d 779, 176 Ill. Dec. 641, 1992 Ill. App. LEXIS 1639
CourtAppellate Court of Illinois
DecidedOctober 8, 1992
Docket2-91-1237WC
StatusPublished
Cited by21 cases

This text of 601 N.E.2d 1339 (Komatsu Dresser 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
Komatsu Dresser Co. v. Industrial Commission, 601 N.E.2d 1339, 235 Ill. App. 3d 779, 176 Ill. Dec. 641, 1992 Ill. App. LEXIS 1639 (Ill. Ct. App. 1992).

Opinions

JUSTICE H. LEWIS

delivered the opinion of the court:

Claimant, Peter J. Lishamer, Sr., filed an application for adjustment of claim pursuant to the Workers’ Compensation Act (Ill. Rev. Stat. 1989, ch. 48, par. 138.1 et seq.), for a lower-back injury incurred while in the course of his employment with the respondent, Komatsu Dresser Company. Subsequently, the claimant filed a section 19(b — 1) (Ill. Rev. Stat. 1989, ch. 48, par. 138.19(b — 1)) petition. Following the hearings on his section 19(b — 1) petition, the arbitrator held that the claimant failed to prove that his injury arose out of and in the course of his employment on March 22, 1989, and denied the claimant benefits. On appeal to the Industrial Commission (the Commission), the Commission reversed the decision of the arbitrator and held that the claimant had sustained an accidental injury arising out of and in the course of his employment and awarded the claimant temporary total disability (TTD) benefits for 37% weeks and medical expenses of $622. The circuit court confirmed the Commission’s decision, and the respondent appeals.

On appeal, the respondent contends that the Commission’s decision that the claimant’s lower-back injury was causally connected to his employment was against the manifest weight of the evidence and that the Commission failed to give due deference to the arbitrator’s decision and, specifically, to the arbitrator’s determination of the witnesses’ credibility. We affirm for the reasons set forth below.

At the arbitration hearing on May 11, 1990, the claimant testified that he had worked as a machinist since 1973, and on March 22, 1989, he was so employed by the respondent. His job duties as a machinist consisted of turning raw metal into usable parts for tractors built at the respondent’s plant. To accomplish this task, the claimant lifted parts weighing between 30 and 40 pounds from a box located next to his machine and placed the parts into the ma¿hiñe for processing. The box containing the parts was on a skid, which placed the box waist high and required the claimant to bend from his waist to lift the part out of the box.

The claimant testified that on March 22, 1989, he was working ;he second shift, i.e., from 3:30 p.m. to midnight, and at about 10 D.m., he bent over to pick up a part out of the box, felt a sharp sain at the “bottom” of his back, and simultaneously sneezed, which caused the pain to spread throughout his entire lower back, it the time of the incident, the claimant explained that the box ;ontaining the parts was three-quarters empty as he had been at work for six hours. Following this incident, the claimant straight-med up and sat down at his workbench.

Sometime between 10:30 p.m. and 11 p.m., the claimant’s fore-nan, Les Lagoo, came by the claimant’s machine to obtain a proluction count. At this time, the claimant advised the foreman that íe had felt a sharp pain in his back when he bent over to obtain a >art from the box and that he sneezed and felt the pain spread hroughout his back. When the foreman asked if he was all right, ;he claimant responded that he thought so, but that he would just ¡it until his shift ended, if his production for the day was sufficient. Che foreman agreed, so the claimant sat at his workbench the renaming hour of his shift.

When the claimant left work to go home, he was still in pain, md he had difficulty getting in and out of the car. The following norning, the claimant was unable to get out of bed due to the pain n his back. The claimant’s wife arrived home from work around loon, helped him out of bed, and took him to St. Therese’s Medical Center. At St. Therese’s, he was given pain medication and muscle •elaxants and was advised to alternate heat and cold packs on his )ack. He was also told to stay off work for a week.

That same day, the claimant called Jane Webber, the respond:nt’s nurse, and told her he had injured his back the previous eve-ling when he bent over and sneezed. Webber advised him to come n and see the company doctor, Dr. Loyd, on the following Tuesday, ¡ince the weekend was a holiday. The claimant saw Dr. Loyd as requested, and the doctor increased the dosage of his pain medication md his muscle relaxants. Dr. Loyd told him he could return to vork on March 31, 1989.

The claimant returned to work on March 31, 1989, and the fore-nan assigned him to the floor sweeper that day. This work required he claimant to sit on the machine, but after a half hour, because he floor was rough and the sweeper had no suspension, the claimant stopped working due to the pain in his back. The claimant left work after four hours.

The following day, April 1, 1989, the claimant went to see Dr. Maniquis. Dr. Maniquis took X rays, prescribed medication, and recommended that he start physical therapy in a week or so. Dr. Maniquis released him for light-duty work as of May 29, 1989, with the restriction of no bending, twisting or stooping and with a lifting restriction of 20 pounds. The doctor also advised him not to work on the floor sweeper. The claimant called the company nurse and advised her that the doctor had released him for light-duty work; however, Webber told the claimant the respondent had no work for him with those restrictions.

In July 1989, both Dr. Maniquis and the company physician released the claimant for light-duty work, with a lifting restriction of 35 pounds and no bending, twisting or stretching. Again the claimant was advised that the respondent had no work for him with these restrictions. The claimant had not returned to work at the time of the arbitration hearing. In addition to Dr. Maniquis and Dr. Loyd, the claimant had been to Drs. Apfelbach and Pawl at the respondent’s request.

The claimant testified that, currently, he has constant pain at the base of his spine and in his left thigh. He explained that sometimes the pain is worse than others, and that there is no explanation as to the cause of the pain.

On cross-examination, the claimant admitted there were no witnesses to his accident. The claimant denied that he told the company nurse that he had hurt his back when he sneezed and before bending over to pick up a part. The claimant stated that at the time of his injury he weighed 330 pounds. Further, the claimant admitted that in November 1989 his back “went out” when he attempted to hang a picture frame at home. In addition, the claimant testified that he had had two prior back injuries, one in 1978 and one in 1987, but he had not missed any work and he had not filed a worker’s compensation claim for these injuries.

Jane Webber, the respondent’s nurse, testified that she had talked to the claimant in March 1989 about his medical condition. It was her recollection that the claimant had told her, in a phone conversation on March 23, 1989, that he had hurt his back when he had sneezed on the previous night and that he was unable to come to work. She instructed the claimant to see Dr. Loyd on the following Tuesday. She stated that it was her method of making notes when she placed the word “sneezed” in parenthesis above her written notes in the claimant’s charts in March 1989.

Leslie Lagoo, the claimant’s foreman, testified that on the evening of March 22, 1989, at about 11 p.m., the claimant told Lagoo that he had bent over the box to obtain a part, sneezed and felt a pain in his back.

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Komatsu Dresser Co. v. Industrial Commission
601 N.E.2d 1339 (Appellate Court of Illinois, 1992)

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Bluebook (online)
601 N.E.2d 1339, 235 Ill. App. 3d 779, 176 Ill. Dec. 641, 1992 Ill. App. LEXIS 1639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/komatsu-dresser-co-v-industrial-commission-illappct-1992.