Luckenbill v. Industrial Commission

507 N.E.2d 1185, 155 Ill. App. 3d 106, 107 Ill. Dec. 816, 1987 Ill. App. LEXIS 2408
CourtAppellate Court of Illinois
DecidedFebruary 26, 1987
Docket4-86-0187WC
StatusPublished
Cited by18 cases

This text of 507 N.E.2d 1185 (Luckenbill 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
Luckenbill v. Industrial Commission, 507 N.E.2d 1185, 155 Ill. App. 3d 106, 107 Ill. Dec. 816, 1987 Ill. App. LEXIS 2408 (Ill. Ct. App. 1987).

Opinions

JUSTICE KASSERMAN

delivered the opinion of the court:

On May 30, 1980, claimant, John Luckenbill, filed an application for adjustment of claim under the Workers’ Compensation Act (Ill. Rev. Stat. 1979, ch. 48, par. 138.1 et seq.) (Act) for a back injury which allegedly arose out of and in the course of his employment with respondent, Caterpillar Inc. After a hearing on March 18, 1981, an arbitrator decided that claimant sustained injuries arising out of and in the course of his employment with respondent but that there was no evidence that claimant gave timely notice of an accidental injury to respondent. The arbitrator therefore denied the claimant’s claim. A further hearing was held before the Industrial Commission on April 27, 1982. On September 14, 1984, without setting out specific findings, the Industrial Commission determined that claimant failed to prove that he sustained injuries arising out of and in the course of his employment and further that he failed to prove that he gave timely notice of the alleged accident. The circuit court confirmed the decision of the Industrial Commission. The claimant has perfected this appeal. We reverse and remand.

On appeal, claimant urges that the decision of the Industrial Commission is contrary to law and against the manifest weight of the evidence. Claimant also contends, in the alternative, that this cause should be remanded to the Industrial Commission because the Industrial Commission’s decision fails to comply with the requirements of section 19(e) of the Act (Ill. Rev. Stat. 1983, ch. 48, par. 138.19(e)).

At the hearing before the arbitrator, claimant testified that he worked in respondent’s material control department, lifting painted parts out of a basket and placing them into tubs. The weight of the parts varied from one to hundreds of pounds, although heavier or bulky parts were lifted by use of a hoist.

Claimant testified that on February 26, 1980, he was working the second shift, 3:18 p.m. to 11:18 p.m. and that at approximately 9:30 p.m., he had been bent over for 10 or 15 minutes lifting parts out of the basket. According to claimant, when he straightened up he felt like he pulled a muscle in his back. He felt a “sharp pull” or a “catch,” and after that a dull pain in his lower back. Claimant testified that he told his foreman, Greg Tumiati, and a fellow worker, Terrence Taylor, that he felt as if he had pulled a muscle in his back. However, claimant did not seek first aid.

Claimant testified that he finished the shift at a dumpster where the parts could be unloaded automatically. He stated that he told Tumiati he was going to do that. He finished the shift, went straight home, showered and went to bed. The next morning, he was stiff and in pain, so much so that he could not bend over or move to his side. He stated that his legs also hurt. Claimant went to his father’s house and asked his father to make an appointment with the doctor. Claimant testified that Dr. Schrodt could not see him that day, the 27th, but that on the 28th he met the doctor at the emergency room at St. Mary’s Hospital in Decatur.

Claimant was admitted to the hospital on February 28, 1980, and had four separate hospital stays: February 28 to March 8; April 7 to April 11; April 13 to April 14; and April 21 to May 3. The medical records from his first stay indicate claimant’s complaint to be: “[T]he gradual onset of low back pain while he was working. He did not have a specific injury episode”; and “had a gradual onset of back pain. No traumatic [injury] noted.” Dr. Schrodt’s diagnosis was “probable herniated disc.” The treatment was physical therapy and pelvic traction. Claimant was released March 8 with a guarded prognosis.

On February 28 and 29, 1980, claimant signed two forms on which he answered “No” to the questions: “Was an accident or injury involved?” and “Was an accidental injury involved?”

On April 7, 1980, without having returned to work, claimant was readmitted to the hospital, complaining of pain again in his legs. The nursing admission history notes: “Lifting [at] work — continued to work that day.” A myelography confirmed a herniated disc and spinal steno-sis. Claimant was discharged on April 11, and was scheduled to be readmitted for surgery.

On April 13, 1980, claimant was readmitted, but surgery could not be scheduled. The nursing admission history for April 13 notes: “Lifting [at] work 2/26/80 ***.” On April 21, 1980, claimant was readmitted and laminectomies were performed on April 22, 1980. Dr. Schrodt found “obvious marked stenosis of the canal” and “a small disc protrusion.” Claimant was released on May 3, 1980, and the discharge order notes a final diagnosis of “spinal stenosis.” Claimant returned to work for respondent in October 1981.

Terrence Taylor and Greg Tumiati also testified before the arbitrator. Taylor testified that shortly after a break on February 26 claimant told him that he had hurt his back. When Taylor suggested that claimant seek first aid, claimant responded, “Well, I told Tumiati.”

Tumiati testified that he did not recall whether claimant told him on that day about having hurt his back but that claimant could have told him. Tumiati stated that he did recall a conversation with claimant sometime in February 1980, during which claimant asked for a leave of absence, a Thursday and Friday, or a Friday and Monday, to go to Florida or Texas to help his brother move. Claimant testified that he had requested time off two to three weeks prior to the incident and that he planned to fly to Florida on Thursday, February 28. Claimant testified that he never made it to Florida because of the injury to his back.

The arbitrator found that claimant sustained accidental injuries arising out of and in the course of his employment by respondent but denied the claim for compensation based on the finding that there was no evidence that claimant gave timely notice to respondent.

At the hearing before the Industrial Commission, Lawrence Luckenbill, claimant’s father, testified that he called Dr. Schrodt for his son on February 27 and that he also called respondent to report his son’s impending absence from work that day. He testified that he told both Dr. Schrodt’s office and respondent that claimant had hurt his back at work. He testified that he called Dr. Schrodt at about 10 a.m. and that he called respondent later that day.

Bill Richardson, respondent’s employee benefits supervisor, testified before the Industrial Commission as to the call-in procedures for employee absences. When notification of an absence is called in, an absence report is prepared; and if the report indicates that the employee is under a doctor’s care or indicates that an accident has occurred, the report is routed through Richardson’s department. Richardson identified one of respondent’s exhibits as an absence report prepared on February 27, 1980. The report notes that at 2:44 p.m. on the 27th, claimant himself called respondent to report that he would not be in to work. The report states as the reason for absence: “Down in back. Waiting for Dr. Schrodt to call him back.” The report notes claimant’s identification number, department, and foreman, i.e., Tumiati. Richardson testified that the employee taking the call-in was not to speculate but was to simply report what the employee said, especially at that time of day because of the volume of the calls.

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Luckenbill v. Industrial Commission
507 N.E.2d 1185 (Appellate Court of Illinois, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
507 N.E.2d 1185, 155 Ill. App. 3d 106, 107 Ill. Dec. 816, 1987 Ill. App. LEXIS 2408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luckenbill-v-industrial-commission-illappct-1987.