McDaniel v. Industrial Commission

557 N.E.2d 212, 197 Ill. App. 3d 981, 145 Ill. Dec. 442, 1990 Ill. App. LEXIS 590
CourtAppellate Court of Illinois
DecidedApril 27, 1990
Docket1-89-1425WC
StatusPublished
Cited by1 cases

This text of 557 N.E.2d 212 (McDaniel 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
McDaniel v. Industrial Commission, 557 N.E.2d 212, 197 Ill. App. 3d 981, 145 Ill. Dec. 442, 1990 Ill. App. LEXIS 590 (Ill. Ct. App. 1990).

Opinion

JUSTICE LEWIS

delivered the opinion of the court:

The claimant, Eva McDaniel, filed an application for adjustment of claim pursuant to the Workers’ Compensation Act (Ill. Rev. Stat. 1981, ch. 48, par. 138.1 et seq.) for an injury to her knee which she sustained during the course of her employment with the respondent, Oak Forest Hospital. (We note that there is no evidence presented in the record of the relationship of Oak Forest Hospital to the County of Cook; however, we presume that Oak Forest Hospital is a county hospital, and therefore, any reference to the “respondent” shall be understood to mean both Oak Forest Hospital and County of Cook.) At the hearing before the arbitrator, the claimant presented medical evidence of her knee injury and of her psychological condition. Ultimately, the arbitrator found that the claimant’s knee injury arose out of and in the course of her employment, and awarded her temporary total disability (TTD) for 306/? weeks, her related medical expenses for her knee, and permanent partial disability (PPD) for a 10% loss of the use of her left leg. The arbitrator also held that the claimant had failed to prove there was a causal connection between her current mental condition and her work accident of December 24, 1980, and denied her benefits for her mental disability.

On appeal to the Industrial Commission (Commission), the Commission modified the arbitrator’s decision by increasing the claimant’s PPD from a 10% to 15% loss of the use of her left leg and by entering the specific dollar amount of the medical expenses that the claimant was entitled to receive for her left knee injury, but in all other respects, the Commission affirmed the arbitrator’s decision. Subsequently, the circuit court of Cook County confirmed the Industrial Commission’s decision, and the claimant appeals. On appeal, the sole issue raised by the claimant is whether the Industrial Commission’s determination that the claimant failed to prove there was a causal connection between her psychological disability and her work-related accident was against the manifest weight of the evidence.

Two hearings in which testimony was presented were held before the arbitrator. The first hearing was held on February 27, 1985, and the second hearing was conducted on April 24, 1985. At the first hearing, the claimant testified that she was employed in the dietary department of the respondent on December 24, 1980. Her duties consisted of fixing trays for patients, loading the trays onto a motorized cart, pushing the cart full of trays to the ward, distributing the food trays to the patients, and collecting the trays after the patients had eaten. The motorized cart used in these tasks carried approximately 30 trays of food.

On December 24, 1980, the claimant was operating her motorized cart when the cart hit her and pinned her left knee against the wall. This accident occurred at about 2:15 p.m., 15 minutes prior to the end of the claimant’s work shift. The claimant reported her accident, but because her workday was nearing the end, she did not go to the respondent’s Employee’s Health Services until the following day. At that time, her knee was examined, and subsequently, the claimant’s left leg was placed in a cast which came to mid-thigh. When her cast was removed, she received physical therapy for her knee.

In addition to her treatment from the respondent’s services, the claimant also saw Dr. Haskell, whom the claimant described as a “bone specialist.” She first saw Dr. Haskell in February of 1981, and she continued to see Dr. Haskell once a month until July of 1981. Dr. Haskell diagnosed her condition as torn ligaments of the left knee and knee sprain. On May 1, 1981, Dr. Haskell hospitalized the claimant at Michael Reese Hospital for what the claimant termed a “blood clot” in her left leg. She was discharged on May 7, 1981. After her discharge, the claimant saw Dr. Haskell for the last time on July 7, 1981. At her last visit, Dr. Haskell told the claimant she would always have problems with her knee, but that further treatment was unnecessary.

The claimant testified that prior to her accident, the claimant was a “busy” person, and in addition to her working, she bowled, kept house, and socialized. After her accident, she visited with her friends, watched television, and tried to do her housework. When the claimant was released from Michael Reese Hospital, her knee bothered her, she sometimes had trouble with her back, and she “felt anxious to go back to work.” Additionally, she was unable to keep busy all day long, which made her feel irritable, tense and nervous, and sitting around made her feel depressed.

Subsequently, on May 24, 1981, the claimant was admitted to Our Lady of Mercy Hospital for what the claimant termed was a “nervous breakdown.” During her stay at the hospital, the claimant was treated by Dr. Frieske. She was discharged from Our Lady of Mercy on June 22,1981.

The claimant further testified that she did not work after her accident of December 24, 1980, until she returned to her employment in the dietary department on August 29, 1981. Upon her return to work, she felt tired and weak, and she could not stand very long because her knee bothered her; however, she was feeling good psychologically. Wlien the claimant returned to work, her work duties had changed and she did “assembly line” work, wherein the claimant did different tasks from day to day. According to the claimant, her new work tasks required more of her physically than before since she had to stand and “push and pull things” more often. She attempted to do the work, but the new work detail made her “feel bad” because she could not keep up the pace.

The claimant worked from August 29, 1981, until April 17, 1982. During that time, the claimant found the work to be a strain physically on her, and made her feel nervous, and “like I couldn’t hold up during eight-hour pressure.” Subsequently, on April 20, 1982, Dr. Frieske admitted the claimant to Southlake Mental Health Center (Southlake). Dr. Kim, Dr. Frieske’s associate, who treated her while she was in the hospital, placed the claimant on medication at this time. The claimant was discharged on April 28, 1982.

Subsequent to her hospitalization on April 20, 1982, the claimant had numerous other hospitalizations for her mental condition. The claimant testified that she was hospitalized on the following dates in the following hospitals for her psychological problems: September 25, 1982, to October 1, 1982, at Our Lady of Mercy Hospital; December 22, 1982, to January 1, 1983, at Our Lady of Mercy Hospital; March 3, 1983, to March 14, 1983, at Tinley Park Mental Health Center (Tinley Park); and on September 10, 1984, to September 27, 1984, at Christ Hospital. In addition to her hospitalizations, the claimant received outpatient treatment from Family Service and Mental Health Center of South Cook County (Family Services) commencing on June 10, 1983. When she was in Our Lady of Mercy Hospital, the claimant was treated by Dr. Frieske and Dr. Kim, but when she was treated as an out-patient with Family Services and was hospitalized at Christ Hospital, she was treated by Dr. Vivar. The claimant had continued her therapy with Family Services and was still being treated by Dr. Vivar. The claimant stated that since her hospitalization of April 20, 1982, she had not been released for work by a psychiatrist, and she remained on a leave of absence from her employment.

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Cite This Page — Counsel Stack

Bluebook (online)
557 N.E.2d 212, 197 Ill. App. 3d 981, 145 Ill. Dec. 442, 1990 Ill. App. LEXIS 590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdaniel-v-industrial-commission-illappct-1990.