Mobil Oil Corp. v. Industrial Commission

722 N.E.2d 703, 309 Ill. App. 3d 616, 242 Ill. Dec. 919
CourtAppellate Court of Illinois
DecidedJanuary 27, 2000
Docket3-98-1013 WC, 3-98-1014 WC
StatusPublished
Cited by12 cases

This text of 722 N.E.2d 703 (Mobil Oil Corp. 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
Mobil Oil Corp. v. Industrial Commission, 722 N.E.2d 703, 309 Ill. App. 3d 616, 242 Ill. Dec. 919 (Ill. Ct. App. 2000).

Opinions

JUSTICE COLWELL

delivered the opinion of the court:

Claimant, Brad Clodi, was injured when he was pinned between two forklifts while in the employ of respondent, Mobil Oil Corporation. Claimant filed an application for adjustment of claim pursuant to the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 1992)), seeking benefits for his injuries.

Following a hearing, an arbitrator determined that respondent prematurely terminated temporary total disability (TTD) benefits to which claimant was entitled. The arbitrator also found that claimant’s injuries resulted in (1) a 100% loss of the use of his left leg and (2) permanent disability to the extent of 30% of a person as a whole. On these bases, the arbitrator awarded claimant benefits under the Act. The arbitrator also awarded claimant additional compensation under sections 16, 19(k), and 19(1) of the Act. 820 ILCS 305/16, 19(k), 19(1) (West 1992).

The Industrial Commission (Commission), with one commissioner dissenting, (1) reduced the amount of TTD benefits awarded claimant, (2) determined that claimant sustained a permanent disability to the extent of only 20% of a person as a whole, and (3) vacated the award of additional compensation. The Commission otherwise affirmed the arbitrator’s decision. On administrative review, the circuit court of Will County reinstated the arbitrator’s finding that claimant’s injuries resulted in a permanent disability to the extent of 30% of a person as a whole. In all other aspects, the court confirmed the Commission’s decision.

Both parties appealed from the circuit court’s order. In appeal No. 3 — 98—1013WC, respondent argues that the Commission’s award of permanent partial disability (PPD) benefits to the extent of 20% of a person as a whole was not against the manifest weight of the evidence. In appeal No. 3 — 98—1014WC, claimant argues that the circuit court erred in confirming the Commission’s vacation of additional compensation under sections 16, 19(k), and 19(1) of the Act. We consolidated the appeals for purposes of review. We now reverse and remand with directions.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

The underlying facts are undisputed. In the summer of 1992, respondent hired claimant and his twin brother, Brian, as temporary, summer employees. Both claimant and Brian worked the midnight shift as forklift operators. On June 16, 1992, shortly after midnight, claimant was standing behind his parked forklift when he was struck by a forklift driven by Brian. Immediately after the accident, claimant noticed that his left leg had been almost completely severed. Claimant was ultimately taken to Loyola University Hospital (Loyola) for treatment.

At Loyola, it was determined that claimant suffered a severe grade 3-C left tibia fibula fracture with dyvascular limb, a left anterior column acetabular fracture, and an iliac wing fracture to the left hip. On June 16, 1992, Dr. Pietro Tonino performed a below-the-knee amputation of claimant’s left leg. The following day, Dr. Michael S. Pinzur performed a debridement. On June 20, 1992, Dr. William R Dobozi performed an open reduction and an internal fixation of claimant’s displaced left anterior column acetabular fracture and of claimant’s displaced left iliac wing fracture. At that time, Dr. Dobozi noted that claimant’s injuries could lead to traumatic arthritis of the left hip, myositis, loss of motion, and numbness. On June 24, 1992, Dr. Pinzur performed a revision of the below-the-knee amputation and closure.

During claimant’s stay at Loyola, Dr. Deborah L. Couch performed a psychiatric examination of claimant. Dr. Couch noted that considering claimant’s injuries, he was in fairly good spirits. Dr. Couch diagnosed claimant with posttraumatic stress disorder and adjustment disorder with mixed emotional features of depression and anxiety.

Claimant was released from Loyola on June 29, 1992. Claimant saw Dr. Pinzur on July 7, 1992. At that time, Dr. Pinzur planned to commence prosthetic limb fitting once Dr. Dobozi cleared claimant to start weight bearing. During a June 21, 1992, visit, Dr. Pinzur reported that claimant had excellent hip motion. On August 4, 1992, Dr. Pinzur noted that claimant’s wound was granulating nicely and that he was getting ready to fit claimant with a preparatory limb. In his notes pertaining to claimant’s August 18, 1992, appointment, Dr. Pinzur stated that claimant’s wound was almost healed and that claimant was walking with a prepatory prosthesis.

Following his release from Loyola, claimant received physical therapy at St. Mary’s Hospital in Kankakee, Illinois. At St. Mary’s, claimant’s therapy regimen included whirlpool treatments and stretching exercises.

Claimant returned to school at the start of the fall 1992 semester. While at school, claimant received physical therapy at BroMenn Regional Medical Center in Bloomington, Illinois.

In a letter dated August 25, 1992, respondent informed claimant that, “[ijnasmuch as you have been released by your doctors and have returned to school your temporary total disability benefits will be suspended.” In place of TTD benefits, respondent decided to commence PPD benefits pursuant to section 8(e)(12) of the Act (820 ILCS 305/8(e)(12) (West 1992)), for the loss of use of claimant’s left leg.

In a September 16, 1992, letter, Dr. Dobozi updated respondent on claimant’s medical progress. Dr. Dobozi explained that claimant’s hip was healed and that, although claimant had a full range of motion in his hip, he was still undergoing physical therapy for strengthening of his thigh muscles and range of motion to his knee. Dr. Dobozi also noted that claimant was fitted with a prosthesis and was taking care of his open wound around his stump. Dr. Dobozi opined that claimant would not have problems in the future with the pelvic and acetabular fractures because those injuries had completely healed.

Claimant saw Dr. Pinzur again on March 25, 1993. At that time, Dr. Pinzur noted that although claimant suffered from a mild limp and mechanical back pain, he was functioning very well. In response to inquiries from claimant as to whether he would have been able to return to work in the fall of 1992, Dr. Pinzur opined that if claimant were a worker, he would not have been able to return to even light-duty work until the beginning of 1993.

During the summer of 1993, claimant received physical therapy at Physical Therapy Center Limited in Bradley, Illinois. Claimant last saw Dr. Pinzur on July 23, 1993. At that time, Dr. Pinzur reported that claimant was walking with very little discomfort, although he still had a slight limp. Dr. Pinzur attributed the limp to a combination of the amputation and the pelvic fracture. Dr. Pinzur then revised his estimate as to when claimant would have been able to return to work, stating that a reasonable time would have been about one year after the injury date.

In a letter dated November 4, 1994, and directed to respondent, claimant’s attorney protested respondent’s decision to cut off TTD benefits as of August 25, 1992. Relying on Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
722 N.E.2d 703, 309 Ill. App. 3d 616, 242 Ill. Dec. 919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mobil-oil-corp-v-industrial-commission-illappct-2000.