Monterey Coal Co. v. Industrial Commission

609 N.E.2d 339, 241 Ill. App. 3d 386, 182 Ill. Dec. 36, 1992 Ill. App. LEXIS 1944
CourtAppellate Court of Illinois
DecidedDecember 3, 1992
DocketNo. 4—91—0902WC
StatusPublished
Cited by14 cases

This text of 609 N.E.2d 339 (Monterey Coal 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
Monterey Coal Co. v. Industrial Commission, 609 N.E.2d 339, 241 Ill. App. 3d 386, 182 Ill. Dec. 36, 1992 Ill. App. LEXIS 1944 (Ill. Ct. App. 1992).

Opinion

JUSTICE WOODWARD

delivered the opinion of the court:

On March 27, 1986, claimant, Louis LaFuria, filed an application for adjustment of claim pursuant to the Workers’ Occupational Diseases Act (Act) (Ill. Rev. Stat. 1985, ch. 48, par. 172.36 et seq.). Said application alleged that claimant had sustained impairment of his heart and lungs due to his employment with respondent, Monterey Coal Company. On December 11, 1989, this matter was heard by an arbitrator, who subsequently determined that claimant was totally and permanently disabled due to the effects of an occupational disease. A majority of the Industrial Commission (Commission) affirmed the arbitrator’s decision, and the circuit court of Macoupin County confirmed the Commission’s decision. This timely appeal followed.

Respondent raises four issues, namely: (1) whether the Commission erred in finding that claimant had proved disablement under section 1(f) of the Act (Ill. Rev. Stat. 1985, ch. 48, par. 172.36(f)); (2) whether the Commission erred in finding that claimant had coal workers’ pneumoconiosis; (3) whether the Commission erred in finding a causal connection between claimant’s coal workers’ pneumoconiosis and his condition of ill-being; and (4) whether the Commission erred in finding that claimant was permanently and totally disabled.

At the arbitration hearing, claimant testified that he last worked for respondent on August 3, 1983. On said date, he was 65 years old and had worked as a coal miner approximately 37 years for various coal companies, the last of which was respondent. Claimant had worked as a coal shooter, coal driller and mine examiner. He was constantly exposed to and inhaled coal and rock dust. Claimant was last exposed to coal dust on August 3, 1983.

Claimant stated that he would have continued working but for his breathing difficulties. He had first experienced breathing problems eight years prior to his retirement. Working as a mine examiner, a job which required extensive walking, claimant noticed that he had trouble breathing while walking. Claimant’s breathing problems worsened after he retired. As of the arbitration hearing, he could do little physical activity before losing his breath. Claimant had trouble sleeping, often having to get up to gasp for air. Further, claimant had a cough which had worsened over time.

Claimant described numerous physical problems. He had two back surgeries in 1986 and has since walked with a limp. In 1967, claimant had one-half his stomach removed due to ulcers and has undergone prostate surgery. Additionally, he has a prosthetic right eye and has hearing difficulties. Claimant smoked cigarettes for 15 years until the age of 35.

On April 14, 1986, Dr. Parviz Sanjabi examined claimant to evaluate his lungs. In a letter written to claimant’s counsel on the same date, Dr. Sanjabi stated that claimant’s principal complaint was a reduced tolerance to exercise. Claimant related a history of shortness of breath when going up inclines or climbing steps. Claimant had no regular cough or sputum production but did have occasional periods of coughing which produced sputum. A chest X ray indicated mild simple pneumoconiosis and some linear densities bilaterally.

Dr. Saeed Khan testified via an evidence deposition taken on December 7, 1989. Board certified in internal medicine, Dr. Khan estimated that 15% of his practice consists of the care and treatment of coal miners with lung and associated pulmonary diseases. He examined claimant on March 5, 1987. Dr. Khan took claimant’s history, noting complaints of morning cough for the previous eight years and an increased shortness of breath on exertion over the prior three years. Claimant also described coughing and wheezing spells and chest tightness. Claimant told Dr. Khan he was taking medication prescribed by his family physician, which was intended to aid his breathing. In his physical examination of claimant, Dr. Khan observed that he was short of breath even when at rest. The results of pulmonary function studies were consistent with coal workers’ pneumoconiosis, emphysema and restrictive lung disease. Further, the results of blood gas studies were also consistent with coal workers’ pneumoconiosis and emphysema. Chest X rays revealed hypertranslucency on both sides and interstitial pulmonary fibrosis consistent with coal workers’ pneumoconiosis and emphysema. Dr. Khan described coal workers’ pneumoconiosis as “a chronic slowly progressive disease,” which continues to progress even when the person is removed from exposure to coal and rock dust.

Based upon claimant’s history, the physical examination, X ray and test results, Dr. Khan concluded that claimant was “not a suitable candidate to perform any other gainful employment.”

Dr. Ludimere Lenyo testified for claimant in an evidence deposition taken on June 14, 1989. Dr. Lenyo, board certified in internal medicine, examined claimant on April 26, 1988. Dr. Lenyo estimated that 30% of his practice dealt with pulmonary problems. He had extensive experience with coal workers’ pneumoconiosis patients. At the subject examination, claimant described shortness of breath upon exertion which made it impossible to do household chores. He became exhausted by going up an incline for 30 to 40 feet. Claimant also related a history of coughing and sputum production. Dr. Lenyo’s physical examination of claimant revealed an interstitial lung disease, which results in the scarring of the lungs and the substantial limitation in their ability to expand. Pulmonary function studies also revealed interstitial lung disease consistent with claimant’s history and physical examination. A chest X ray taken during the examination revealed a profusion of small irregular opacities in the lower, middle and upper lung zones. Dr. Lenyo concluded that these opacities were caused by exposure to coal dust. He opined that claimant had coal workers’ pneumoconiosis, caused by his employment. Dr. Lenyo described coal workers’ pneumoconiosis as a permanent and incurable condition which gradually worsens over the years. He stated that additional exposure of claimant to coal dust would endanger his health. Further, Dr. Lenyo indicated that claimant’s condition had continued to worsen even after his retirement.

In March 1989, Dr. Peter Tuteur examined claimant at respondent’s request. Dr. Tuteur is board certified in internal medicine, with a subspecialty in pulmonary diseases. Testifying by evidence deposition taken on August 2, 1989, Dr. Tuteur stated that claimant gave him a medical history which included his inability to climb more than one flight of stairs or to walk more than four blocks due to shortness of breath. Claimant also reported that he had a daily cough which produced whitish-yellow sputum. He also described awakening at night, wheezing and breathless. This condition necessitated him getting up, walking around and expectorating for relief.

Dr. Tuteur’s physical examination of claimant revealed that his breathing sounds were normal and that occasional wheezes were heard during the forced expiratory volume maneuvers. Chest X rays taken of claimant during this examination were read by Dr. Tuteur as showing no evidence of coal workers’ pneumoconiosis. Blood gas studies demonstrated a mild obstructive ventilatory defect, which improved significantly with the administration of a bronchodilator. Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Docksteiner v. Industrial Commission
806 N.E.2d 230 (Appellate Court of Illinois, 2004)
Giles v. Industrial Comm'n
Appellate Court of Illinois, 1996
Freeman United Coal Mining Co. v. Industrial Commission
670 N.E.2d 1122 (Appellate Court of Illinois, 1996)
Shelton v. Industrial Commission
641 N.E.2d 1216 (Appellate Court of Illinois, 1994)
Meadows v. Industrial Commission
634 N.E.2d 1291 (Appellate Court of Illinois, 1994)
Old Ben Coal Co. v. Industrial Commission
634 N.E.2d 285 (Appellate Court of Illinois, 1994)
Hicks v. Industrial Commission
621 N.E.2d 293 (Appellate Court of Illinois, 1993)
Plasters v. Industrial Commission
615 N.E.2d 1145 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
609 N.E.2d 339, 241 Ill. App. 3d 386, 182 Ill. Dec. 36, 1992 Ill. App. LEXIS 1944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monterey-coal-co-v-industrial-commission-illappct-1992.