Orkin Pest Control v. Industrial Commission

543 N.E.2d 149, 187 Ill. App. 3d 269, 134 Ill. Dec. 866, 1989 Ill. App. LEXIS 1171
CourtAppellate Court of Illinois
DecidedAugust 4, 1989
DocketNo. 1—88—3078WC
StatusPublished
Cited by1 cases

This text of 543 N.E.2d 149 (Orkin Pest Control 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
Orkin Pest Control v. Industrial Commission, 543 N.E.2d 149, 187 Ill. App. 3d 269, 134 Ill. Dec. 866, 1989 Ill. App. LEXIS 1171 (Ill. Ct. App. 1989).

Opinion

JUSTICE WOODWARD

delivered the opinion of the court:

Claimant, Alan Marsh, filed an application for adjustment of claim under the Workers’ Compensation Act (Act) (Ill. Rev. Stat. 1985, ch. 48, par. 138.1 et seq.) alleging that he had suffered a work-related injury on August 16, 1985. The arbitrator found that claimant was not temporarily and totally disabled (TTD) after October 27, 1986, and that he failed to show that rehabilitation or vocational training was appropriate or necessary.

The Industrial Commission (Commission) reversed the arbitrator’s decision, finding that claimant was disabled from August 24, 1985, to July 21, 1986, and from October 28, 1986, to July 1, 1987, the date on which the arbitration hearing was held. Further, the Commission found that claimant was entitled to vocational rehabilitation. The circuit court of Cook County confirmed the Commission as to TTD benefits and remanded the case to the Commission with instructions to complete its vocational rehabilitation award. On remand, the Commission adopted the vocational rehabilitation award as fashioned by a rehabilitation specialist. The circuit court confirmed this decision, and this appeal followed.

On appeal, respondent raises four issues, namely: (1) the award of TTD benefits subsequent to October 27, 1986, was against the manifest weight of the evidence; (2) the record does not support an award of vocational rehabilitation; (3) the Commission considered evidence not contained in the record; and (4) the Commission’s decision was not timely.

In addressing defendant’s argument that the Commission’s award of TTD benefits subsequent to October 27, 1986, was against the manifest weight of the evidence, the following facts are pertinent. Claimant testified to the following at the arbitration hearing. In August 1985, claimant was employed as a pest control technician by respondent, and he operated a commercial route which included servicing restaurants, factories, bakeries, hotels, landfills, and industrial sites. On August 16, 1985, he serviced three landfills, putting out rodent bait on the premises. At one landfill, while putting out the bait, claimant stepped on some “green liquid” that was oozing out of the ground. Claimant was wearing boots at the time. He noticed that his feet were starting to burn. At the end of the workday, claimant reported the incident to his supervisor, Douglas Dee.

Over the weekend, claimant soaked his feet in Epsom salts and applied vaseline and hand cream to them. He noticed his feet were swelling and starting to turn purple. On August 24, 1985, after noticing the discoloration spreading up his legs, claimant sought medical attention at Humana Medfirst (Humana). On August 26, 1985, the discoloration had extended to his torso; claimant also experienced swelling in his joints. Humana referred him to Dr. J. Walthers, who prescribed medication and additional testing.

Dr. Walthers subsequently hospitalized claimant at South Suburban Hospital for five days, during which time numerous tests were performed. Dr. Walthers determined that claimant had hemmorrhagic dermatitis involving both lower extremities. Scattered eczematoid lesions were located over claimant’s trunk. Dr. Walthers’ diagnosis was toxic dermatitis, etiology unknown. Claimant’s condition began to improve with a treatment regimen of ointments and medication.

Claimant was then referred to a dermatologist, Dr. Katherine Wier, who first saw him on January 10, 1986. Dr. Wier diagnosed claimant’s condition as probable allergic contact dermatitis. In a letter dated April 22, 1986, written to respondent’s insurer. Dr. Wier stated that there had been an excellent resolution of allergic contact dermatitis but that claimant was experiencing a flare-up of psoriasis which originated in the severe dermatitis. Allergy testing conducted by Dr. Wier, in or about March 1986, indicated that claimant was allergic to a number of chemicals, some of which were present in industrial chemicals. At this time, Dr. Wier noted considerable skin discoloration in places where the dermatitis and psoriasis had previously occurred.

In mid-April 1986, claimant began twice weekly ultraviolet treatments to achieve complete clearing of the skin. Dr. Wier opined that, due to his severe allergies to certain chemicals, claimant should not return to chemical work as on his previous job. Dr. Wier further stated that claimant should be rehabilitated into a job that does not involve said chemicals.

In a July 18, 1986, letter to respondent’s insurer, Dr. Wier diagnosed claimant’s condition as follows: (1) residual psoriasis in scattered small plaques, remaining as a Koebner reaction form; (2) severe contact dermatitis from chemicals at work; and (3) hyperpigmentation of the skin on legs and arms. Dr. Wier stated that claimant was not to come in contact with pesticides.

In a March 23, 1987, letter to respondent’s insurer, Dr. Wier wrote the following:

“When last seen on March 20, 1987, [claimant] showed considerable improvement over his initial presentation. At present scattered plaques of psoriasis 2-3 cm. in diameter are present over his legs and arms. His elbows show hyperkeratosis. His legs show no edema, but macular hyperpigmented areas remain corresponding to previous areas of psoriasis. The feet show no edema, only a vidaceous color, as a residual from the dermatitis, also from sitting in dependent positions.”

Dr. Wier stated that the therapy for claimant’s psoriasis consisted of continued topical applications of medication and ultraviolet light treatments, which he received once a week.

Claimant reported at arbitration that his ankles, knees, elbows, and wrists hurt occasionally. The arbitrator observed that claimant’s feet were purplish in color.

Regarding the second issue, namely, whether claimant was eligible for vocational services, claimant testified at arbitration that he returned to work for respondent on July 21, 1986, as a commercial account executive. Claimant received a week of training for this assignment, which primarily consisted of selling yearly pest control accounts to commercial businesses by telephone to different industries and offering free inspections or by door-to-door solicitation.

Claimant testified that he did very poorly in this position and was called in several times by his supervisor to discuss his failure to meet sales goals. On October 27, 1986, respondent terminated him from this position due to low sales of pest control contracts. Claimant stated that he had received no rehabilitation services.

Further, claimant testified that he had been in the pest control business for 20 years. He had worked for respondent since 1976 and received a number of employment-related certificates of merit from respondent. Claimant stated that he had been looking for work since his termination by respondent. He applied to a couple of food stores to be a night stocker or bagger but was not hired. Claimant sought work at an auto repair shop, which had enough help at the time. After attending a two-day sales seminar put on by a company which sold vacuum cleaners, claimant was “let go.” He submitted an application to the State of Illinois Highway Division but was not contacted.

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Related

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575 N.E.2d 1240 (Appellate Court of Illinois, 1991)

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Bluebook (online)
543 N.E.2d 149, 187 Ill. App. 3d 269, 134 Ill. Dec. 866, 1989 Ill. App. LEXIS 1171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orkin-pest-control-v-industrial-commission-illappct-1989.