Piasa Motor Fuels v. Industrial Commission

858 N.E.2d 946, 306 Ill. Dec. 888, 368 Ill. App. 3d 1197, 2006 Ill. App. LEXIS 1098
CourtAppellate Court of Illinois
DecidedOctober 23, 2006
Docket5-05-0570 WC
StatusPublished
Cited by5 cases

This text of 858 N.E.2d 946 (Piasa Motor Fuels 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
Piasa Motor Fuels v. Industrial Commission, 858 N.E.2d 946, 306 Ill. Dec. 888, 368 Ill. App. 3d 1197, 2006 Ill. App. LEXIS 1098 (Ill. Ct. App. 2006).

Opinions

JUSTICE CALLUM

delivered the opinion of the court:

I. INTRODUCTION

Claimant, Kenneth Ruyle, filed an application for adjustment of claim under the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2002)) for injuries he allegedly sustained while working for employer, Piasa Motor Fuels. The arbitrator denied benefits. The Industrial Commission1 (Commission), in a decision signed by Chairman Dennis R. Ruth and two commissioners, reversed. It awarded claimant 24 weeks’ temporary total disability (TTD) benefits and $95,915.50 in medical expenses and found that claimant was disabled to the extent of 25% of a person as a whole. The circuit court confirmed the Commission’s decision. Employer appeals, arguing that the Commission’s decision is void because Chairman Ruth participated in the decision and that the Commission’s causation finding is against the manifest weight of the evidence.

II. BACKGROUND

An arbitration hearing was held on November 27, 2002. Claimant, age 45, testified that he worked for employer as a tanker-truck driver. On September 21, 2001, claimant was at the Sauget terminal loading his truck with gasoline to transport it to a station in Missouri. Claimant explained that he used a riser, which is a 6- or 8-inch-diameter steel pipe, to fill his truck with gasoline. The riser comes up from ground level to a height of about eight feet. It has a hinge or spring and moves horizontally about four feet. It also has a large pipe that dangles vertically from it about three or four feet and comes down about waist height. The end of the riser has a large, pumpkin-like valve that is connected to a valve on the side of the truck. The riser is composed entirely of steel piping. Claimant estimated that the riser weighs about 200 pounds. A user, however, does not have to lift this weight because the riser is suspended. Claimant further explained that the user moves the riser and “fights” the weight of the spring to connect the riser to the tanker. This can be done with one hand; however, claimant usually used two hands and wore rubber gloves because the springs were typically covered with oil or gasoline.

On September 21, 2001, claimant was filling his truck with three risers. After he was finished with one riser, he disconnected it and pushed it to his left out of the way about 20 feet. He explained that, as he bent over and capped off one of the compartments, the riser that he had pushed out of the way swung back and struck him in the back on the left side of his spine. It skidded across the top of his hip bone and went into the soft area to the left of his spine and below his rib cage. Claimant did not fall but was knocked against the riser that was connected to the tanker. He stood and backed away from the riser and moved it out of the way. Claimant then finished loading his truck and delivered the load to the O’Fallon station in Missouri.

On his way to Missouri, claimant encountered traffic congestion. Once he arrived at the station, he purchased a sandwich and began unloading his truck. He observed a couple next to his truck arguing. As he listened to them, his stomach began to hurt. At this time, he attributed the pain to the stress of listening to the couple and the traffic congestion. During his run back to Illinois, claimant again encountered traffic congestion. He testified that he became frustrated and started experiencing chest pains. Claimant returned to the Sauget terminal and again loaded his truck to make deliveries to the Imperial and Festus stations. While at the Imperial station, claimant experienced “fairly severe” chest pains and was feeling queasy. When he reached the Festus station, his pain was “letting up a little bit.” Claimant completed his shift that day. He was scheduled to work the following day, but called in sick because he was experiencing stomach and chest pains. The pain was in the same general area as constipation pain he felt in the spring of 2001, but the pain was of a different type. Claimant explained that his stomach hurt and he would experience constipation for five-day periods. His primary care physician performed various diagnostic tests. According to claimant, the results were negative.

Claimant returned to work the next day, a Sunday. His chest pains had let up “quite a bit.” There was not a lot of work, and claimant was able to complete his assignments. Claimant was off of work on Monday and stayed in bed. When he woke up Tuesday morning, he felt stomach and chest pains. He completed a short route at work. When he returned home, his stomach pain worsened. Claimant went to the emergency room.

In a history he provided to emergency room personnel, claimant stated that he had driven in heavy traffic the previous day and felt that he had experienced an anxiety attack. He came under Dr. Maudie Miller’s care. In her September 25, 2001, office notes, Dr. Miller noted that claimant had been having abdominal pain for several months, but also noted that she could not “elicit a clear-cut history of trauma.” Claimant conceded that he told emergency room personnel that he had been experiencing pain for several weeks. He further testified that he did not inform hospital personnel about the incident involving the riser because he was in pain and did not know what was going on. On the same day, he underwent a splenectomy and evacuation of an intraabdominal hematoma. Dr. Miller’s operative notes state that she suspected claimant’s condition was related to trauma, “although [claimant] cannot give me a history of trauma.” He spent five days in the hospital. According to claimant, Dr. Miller asked him if he was struck, but he could not remember precisely what he told her because he was in intense pain and had difficulty concentrating. An October 4, 2001, office note states that Dr. Miller discussed with claimant whether there was a trauma and that claimant could not recall anything severe enough to cause a splenic trauma. Several days after he was discharged, claimant’s toes began to swell and turned black and blue. He saw Dr. Miller, who again asked claimant if he was struck by anything. At this time, claimant related to her the riser incident. He testified that he had pieced it together two days before his appointment. In her October 16, 2001, office notes, Dr. Miller wrote that claimant was able to recall an episode of trauma that occurred on September 21, 2001, at work. Tests revealed that claimant’s platelet count was up. Dr. Miller prescribed aspirin and Plavix.

Shortly after this time, claimant began experiencing severe left shoulder pain. An ultrasound revealed fluid buildup in the area. Claimant underwent several aspirations of the shoulder area. Medical personnel punctured claimant’s lung when they attempted to insert a catheter to drain his shoulder. He subsequently came under Dr. Steven Strasberg’s care. On November 13, 2001, claimant underwent a vascular interventional radiology replacement of his present drain. Dr. Strasberg’s discharge summary notes state that claimant suffered a splenic rupture following a traumatic injury.

According to claimant, on October 8, 2001, he first notified employer that his condition might be related to the riser incident. Specifically, he notified Matt Schrimpf.

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

Related

Elmhurst Park District v. Illinois Workers' Compensation Commission
917 N.E.2d 1052 (Appellate Court of Illinois, 2009)
Blackburn v. Illinois Central Railroad Company
Appellate Court of Illinois, 2008
City of Chicago v. Illinios Workers Compensation Commission
871 N.E.2d 765 (Appellate Court of Illinois, 2007)
Arnold v. Mt. Carmel Public Utility
861 N.E.2d 1015 (Appellate Court of Illinois, 2006)
Piasa Motor Fuels v. Industrial Commission
858 N.E.2d 946 (Appellate Court of Illinois, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
858 N.E.2d 946, 306 Ill. Dec. 888, 368 Ill. App. 3d 1197, 2006 Ill. App. LEXIS 1098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piasa-motor-fuels-v-industrial-commission-illappct-2006.