Olin Industries, Inc. v. Industrial Commission

68 N.E.2d 259, 394 Ill. 202, 1946 Ill. LEXIS 370
CourtIllinois Supreme Court
DecidedMay 21, 1946
DocketNo. 29400. Judgment affirmed.
StatusPublished
Cited by11 cases

This text of 68 N.E.2d 259 (Olin Industries, Inc. v. Industrial Commission) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Olin Industries, Inc. v. Industrial Commission, 68 N.E.2d 259, 394 Ill. 202, 1946 Ill. LEXIS 370 (Ill. 1946).

Opinion

Mr. Justice Murphy

delivered the opinion of the court:

The arbitrator allowed Lucinda Radcliff an award for temporary total incapacity caused by an accidental injury received while she was employed by plaintiff in error, Olin Industries, Inc., formerly Western Cartridge Company. After hearing additional evidence the commission sustained the award. On certiorari, the circuit court of Madison county sustained the commission.

Lucinda Radcliff was employed by plaintiff in error as an operator of a pocketer machine. She entered the employment in January, 1943, and continued to May 12, 1943, when the injury complained of occurred. At the time of the accident, Lucinda Radcliff was engaged in cleaning the machine which she operated. A metal guard which covered a wheel on the machine had to be raised to gain access to parts of the machine. The guard is described as being four feet long and weighing about seventy-five pounds. It appears to have been on hinges and was equipped with a latch to hold it in an elevated position during the cleaning. She testified that she raised the guard and while she was working on the machine it fell striking her across the right breast. She made immediate complaint to the foreman and he sent her to the company’s first-aid office. Dr. Montgomery administered first aid and told her she could go to her home and that if she was not feeling better in the morning to call him. On the following day she communicated with the doctor and he directed her to Dr. McCuistion, who was a company doctor. Dr. McCuistion suggested she could go to the hospital, which she did, remaining there for eleven days. During this time Dr. McCuistion saw her daily. An X-ray was taken, but it did not disclose any fracture of the ribs or sternum. Dr. McCuistion testified that when she entered the hospital, the working diagnosis was contusion of the chest, that when she left it was neurosthenia. She left the hospital May 24, 1943, and Dr. McCuistion testified he saw her May 29, June 17, 23 and 24. He stated that when he first examined her there were no bruises or -objective evidence of injury and that the diagnosis of contusion of the chest was based on subjective complaints and history. In his opinion, claimant was in her menopause, which he said would account for her condition. He testified, however, that he believed she was sincere in her complaint and in this connection stated that she might be a traumatic neurotic.

The only point raised on this review is that the evidence fails to show any objective symptoms of injury as required by subparagraph 3 of paragraph (i) of section 8 of the Workmen’s Compensation Act. (Ill. Rev. Stat. 1945, chap. 48, par. 145 (i) 3.) The statute provides that compensation payments, such as claimed here, shall mean and be defined to be for injuries and only such injuries as are proved by competent evidence, of which there are or have been objective conditions or symptoms proved, not within the physical or mental control of the injured employee himself.

At the opening of the hearing before the arbitrator, the parties stipulated various facts and concluded that the only issues in dispute were as to the amount of additional hospital or medical expenses, if any, and as to whether the alleged injury arose out of and in the course of the employment, its nature and extent and as to whether there was disability at the present time. Claimant testified that following the accident she had severe pain in her right breast which extended from that point around the right side under her arm and to her neck and head. She stated the pain had continued since the accident, that she had been nervous, subject to crying spells, and that her menstrual periods, which had always been regular and normal, had become irregular. She testified she was not able to work, except for minor household duties. She stated that there were no bruises or marks on her breast where the guard struck her.

Dr. O. J. Culbertson, a general practitioner, testified he examined claimant on August 6, 1943, and by palpation found a tenderness in her right breast which extended laterally around the chest toward the back. His diagnosis was that she had a costal cartilage injury with a soft tissue injury causing an intercostal neuralgia to the chest. He said such injury could have been caused by a trauma that happened on May 12, 1943, and that in his opinion defendant in error was not able to do ordinary factory work. On cross-examination, he admitted his diagnosis of a costal cartilage injury was based on the complaint of defendant in error, and could not be otherwise demonstrated. The X-rays taken by him were negative.

Dr. James F. McFadden, a neurological specialist who treated defendant in error, testified he examined claimant on August 30, 1943, and found her right upper extremity reflexes more active than the left; that she had a tenderness to pressure over the ribs on the entire right chest and back which at times extended to the left; that she had an increase of sensation to pinprick over the right chest and a decreased sensation in the entire right forearm to the elbow. He saw her again October 22, and to the time of the hearing before the arbitrator in January, 1944, he had seen her seven times. He testified she remained the same, and that he treated her, giving her sedative medication to allay the nervousness and decrease the pain. He said she was suffering from a functional nervous condition known as neurosis, which could have been induced by the accident of May 12, 1943, and that in his opinion she was sincere and had pain, and because of the pain was unable to do ordinary factory work. In the opinion of this witness the reaction of claimant to pinpricks and the results of the reflex tests were objective symptoms of pain which were beyond her control. He said the arm reflexes were taken in the following manner: The biceps reflex was elicited by placing the thumb of his left hand' on the tendon of claimant’s biceps muscle at the end of her elbow and striking her thumbnail with a reflex hammer; and that there was a contraction of the biceps. The triceps reflex on the back of the arm was taken by holding the arm and striking the tendon of the triceps with a hammer over the tendon. The radial reflex was taken by striking her radial right at the wrist, at the lower end of her radius bone. The increased muscle contractions caused by these tests the witness regarded as objective, and he said that the reflex was more active on the side having pain, and that in his opinion the greater reflex found in claimant’s right arm was caused by pain.

Dr. Francis M. Barnes, a neurologist, testified for defendant in error on review before the Industrial Commission. He had treated her and found she had a tenderness all over the right breast area, hypersensitivity to pinprick over the right shoulder from the midline in the back down and under the right breast, and. throughout the entire upper right extremity. He found the reflex of the right elbow to be greater than that of the left, and stated that the increased reflex in the right elbow and the sensory disturbances and pain in its response were objective and could not be simulated by claimant. In answer to a long hypothetical question, the witness gave it as his opinion that claimant was suffering from a nervous condition, traumatic in origin, which could have been caused by the accident of May 12, 1943. His working diagnosis was that she had a severe traumatic neurosis, and that he did not think she was able to do ordinary factory work.

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Bluebook (online)
68 N.E.2d 259, 394 Ill. 202, 1946 Ill. LEXIS 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olin-industries-inc-v-industrial-commission-ill-1946.