Land & Lakes Co. v. Industrial Commission

834 N.E.2d 583, 359 Ill. App. 3d 582, 296 Ill. Dec. 26, 2005 Ill. App. LEXIS 873
CourtAppellate Court of Illinois
DecidedAugust 17, 2005
Docket2-04-0674 WC
StatusPublished
Cited by41 cases

This text of 834 N.E.2d 583 (Land & Lakes 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
Land & Lakes Co. v. Industrial Commission, 834 N.E.2d 583, 359 Ill. App. 3d 582, 296 Ill. Dec. 26, 2005 Ill. App. LEXIS 873 (Ill. Ct. App. 2005).

Opinions

JUSTICE CALLUM

delivered the opinion of the court:

I. INTRODUCTION

After slipping and falling while working for employer, Land and Lakes Company, claimant, Rocco R Dawson, filed an application for adjustment of claim under the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2000)). An arbitrator found that claimant’s back condition was causally related to his work accident, awarded claimant O?1/? weeks of temporary total disability (TTD) benefits and $17,676 in medical expenses, and ordered employer to pay for the surgery that claimant’s treating physician prescribed. The Industrial Commission1 (Commission) adopted the arbitrator’s decision. On judicial review, the trial court confirmed the Commission’s decision.

On appeal, employer argues that (1) the arbitrator and the Commission erred in admitting claimant’s medical bills because claimant failed to lay a proper foundation for their introduction; (2) the Commission’s finding that claimant’s condition of ill-being is causally connected to claimant’s work injury is against the manifest weight of the evidence; (3) the Commission’s award of medical expenses is against the manifest weight of the evidence; (4) the Commission’s award of prospective medical care is against the manifest weight of the evidence; and (5) the Commission’s TTD award is against the manifest weight of the evidence. We agree with employer that claimant’s medical bills should not have been admitted. Therefore, we reverse the medical expenses award and remand the cause for another hearing on that issue. We affirm the Commission’s decision in all other respects.

II. BACKGROUND

The arbitration hearing took place on September 20 and October 24, 2002. Claimant testified that he worked for employer as a machine operator. At the time of the accident, claimant was 65 years old, lived in Harvard, and was working at a site in Lincolnshire. Before the accident, claimant had experienced no problems with his back. On June 7, 2001, claimant was walking along an earthen ramp on a hill. While attempting to walk around a machine, he lost his footing and fell 10 to 12 feet down the slope of the hill. Claimant immediately felt pain in his lower back, numbness in both legs from the knees down, and tingling in both hands. Claimant reported the incident to his foreman, who sent claimant to the emergency room. Claimant had X rays taken and received pain medication.

The following day, claimant saw Dr. Robert Nixon, who ordered an MRI. Claimant saw Dr. Nixon again on June 13, 2001. Dr. Nixon diagnosed a lumbar strain with some neurologic symptoms but with no deficit or clear radicular pattern. He prescribed anti-inflammatory medication and physical therapy and authorized claimant to do sedentary work involving limited walking, no repeated bending, and no lifting of more than 20 pounds.

On June 18, 2001, claimant received from employer a letter directing him to report for work as an office clerk at employer’s main office in Park Ridge. Claimant testified that Park Ridge was approximately 70 miles from his home. At the time, he was taking Darvocet, and Dr. Nixon had instructed him not to drive for more than 10 to 15 minutes and not to drive while taking medication.

On June 22, 2001, Dr. Nixon revised claimant’s work restrictions to include no sitting for more than about 30 minutes. On June 25, 2001, claimant underwent an MRI, which revealed degenerative disc disease at L3-L4, a right-sided paramedian disc herniation at L4-L5, and a central disc herniation at L5-S1. Neither condition appeared to be impacting upon the dural sac. However, the combination of disc bulges, reduction of disc height, and hypertrophic posterior facets was tightening the L4 and L5 neural foramina bilaterally, more so at L5. After seeing the results of the MRI, Dr. Nixon ordered claimant off work. He prescribed epidural steroid injections, which claimant received on August 30, September 11, and September 20, 2001.

At employer’s request, claimant saw Dr. Jay Levin on September 26, 2001. Dr. Levin told claimant that he suffered from a degenerative condition that was not related to his work injury, had reached maximum medical improvement (MMI), and could return to work without restrictions.

On October 18, 2001, claimant attempted to return to light-duty work at the Lincolnshire site. He punched in at 6:30 a.m. At that time, he had not taken any medication. Claimant waited some time for instructions. He began experiencing pain and took some medication at 8:40 a.m. Shortly thereafter, two employees from employer’s main office in Park Ridge arrived and told claimant that his position had been filled. Claimant told the individuals that the medication he took left him unable to drive, and employer called a limousine to take him home.

On November 1, 2001, claimant began receiving a retirement pension through his union. Employer contributed to the union pension fund. The retirement benefit was $1,107 per month. On January 27, 2002, claimant began receiving Social Security retirement benefits of $1,026 per month.

Dr. Nixon advised claimant to see a neurosurgeon. Claimant chose to see Dr. Marshall Pedersen, whom he visited on November 12, 2001. Claimant denied experiencing any back problems before the accident. He complained of lower-back pain primarily on the right side and numbness in both legs below the knee. He reported that the pain he experienced interrupted his sleep three to six times per night and that walking for more than 10 minutes, sitting for more than 20 minutes, or bending over to lift items increased his pain. Dr. Pedersen recommended a lumbar discogram and a postdiscogram CT scan.

On December 7, 2001, claimant underwent the discogram. Before undergoing the procedure, claimant described the severity of his pain as 10 on a scale of 1 to 10. When the disc at L1-L2 was injected with dye, claimant rated his pain at 10 and reported no worsening of his pain upon pressurization of the disc. At L2-L3, claimant reported pain across his back similar to pain he typically experienced after his injury. At L3-L4, claimant reported pain similar to that he normally experienced. At L4-L5, claimant reported no increase in pain and did not appear to react to the disc pressurization. At L5-S1, claimant denied any worsening of his pain.

The postprocedure diagnosis was an annular tear at L4-L5 with a collection of material centrally and toward the right and an annular tear at L5-S1 with leakage. After reviewing the discogram results, Dr. Pedersen prescribed a thoracic lumbrosacral orthosis (TLSO) brace, a one-piece molded plastic brace that fits around the patient’s midsection to stabilize the area. Its purpose is to help relieve the patient’s pain and to give the treating physician an indication of whether the patient will respond to surgery.

Claimant next saw Dr. Pedersen on May 20, 2002, and complained of lower-back pain and bilateral numbness from the knees down. Dr. Pedersen diagnosed painful degenerative disc disease at L2-L3 and L3-L4 and painful herniated discs at L4-L5 and L5-S1. There was no indication of stenosis or nerve root impingement. Dr. Pedersen believed that, because claimant had been enduring symptoms for some time, he should consider surgery. Dr.

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Bluebook (online)
834 N.E.2d 583, 359 Ill. App. 3d 582, 296 Ill. Dec. 26, 2005 Ill. App. LEXIS 873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/land-lakes-co-v-industrial-commission-illappct-2005.