2020 IL App (1st) 191428WC-U
No. 1-19-1428WC
Order Filed: October 9, 2020
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed by Rule 23(e)(1). ______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
FIRST DISTRICT
WORKERS' COMPENSATION COMMISSION DIVISION
______________________________________________________________________________
PROVISO HIGH SCHOOL DISTRICT #209, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Cook County. ) v. ) No. 14-L-50535 ) 19-L-50018 ) 19-L-50025 ILLINOIS WORKERS’ COMPENSATION ) COMMISSION and TRACY McCORMICK, ) Honorable ) James M. McGing, Defendants-Appellees. ) Judge, Presiding. ______________________________________________________________________________
JUSTICE BARBERIS delivered the judgment of the court. Presiding Justice Holdridge and Justices Harris, Hoffman, and Hudson concurred in the judgment.
ORDER
¶1 Held: The circuit court erred in reversing the Commission’s decision, finding that claimant’s condition of ill-being after June 28, 2013, was unrelated to the work accident, as the decision was not against the manifest weight of the evidence.
1 ¶2 In March 2013, claimant, Tracy McCormick, filed an application for adjustment of claim
pursuant to the Illinois Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2012)),
seeking benefits for injuries she sustained from an accidental fall on February 27, 2013, while
working for her employer, Proviso High School District #209 (Proviso). The Illinois Workers’
Compensation Commission (Commission) found claimant had failed to prove that her condition
of ill-being subsequent to June 28, 2013, was attributable to the work-related accident. On review,
the circuit court of Cook County reversed and remanded the Commission’s decision, finding it was
against the manifest weight of the evidence.
¶3 On remand, acknowledging that it was bound by the circuit court’s decision, the
Commission found that claimant’s condition of ill-being after June 28, 2013 was causally related
to the February 27, 2013, accident and awarded additional benefits, including temporary total
disability (TTD) benefits through August 12, 2013. Proviso filed a timely petition for judicial
review in the circuit court of Cook County, which later confirmed the Commission’s decision on
remand. Proviso appealed.
¶4 For the following reasons, we find that the Commission’s original decision was not against
the manifest weight of the evidence. Accordingly, we reverse the circuit court’s judgment
reversing and remanding the Commission’s original decision, vacate the Commission’s decision
on remand, vacate the circuit court’s order confirming the Commission’s decision, and reinstate
the Commission’s original decision.
¶5 I. Background
¶6 Claimant’s testimony and the evidence presented at the arbitration hearing, held on August
12, 2013, is summarized below. We have limited the background summary to those pertinent to
this appeal.
2 ¶7 Claimant, a 48-year-old wellness teacher, testified to the following. Claimant works at
Proviso Mathematics and Science Academy, where she is the department chair. Her job duties
require her to oversee the wellness and visual arts departments and staff, including counselors,
social workers and the school nurse. She also works as a behind-the-wheel driver’s education
instructor after school.
¶8 On February 27, 2013, a coworker gave claimant a ride from Proviso Math and Science
Academy to Proviso East High School to pick up a car for driver’s education. When claimant
exited the vehicle’s passenger door, her left leg went into a four-foot-deep open manhole, causing
her to fall so hard and fast that “it was like life stopped.” She explained that the momentum of her
weight caused the front of her left leg to hit the front of the manhole while her left shoulder hit the
ground. After she was able to quickly “army [crawl]” out of the hole, she had extreme pain in her
left shoulder, similar to pain she had experienced one year earlier before she had right rotator cuff
surgery. She also twisted her back but claimed that her left leg, which she believed was broken,
was the major concern at the time.
¶9 Following the incident, the same coworker gave claimant a ride to Proviso East High
School where claimant visited the school nurse and then reported the incident to the principal, her
supervisor, in the main office while icing her knee. Claimant continued icing her knee while she
attended a meeting later that day. As the meeting progressed, however, her whole leg became
increasingly sore, and the outside of her leg had “an extreme burning pain.” Subsequently, claimant
sought treatment at Gottlieb Memorial Hospital Emergency Room, where she complained of pain
in her left shoulder, left knee, left ankle and lower back as a result of the fall. Upon examination,
Dr. Nathanial Jones determined that claimant had sustained a contusion of the left knee. X-rays of
the left shoulder, tibia and fibula were normal. Claimant was diagnosed with a left leg injury with
3 contusion, a left shoulder injury and a lower back injury. She was prescribed a regimen of anti-
inflammatory medication and ordered to follow up if her condition did not improve.
¶ 10 In the days following the accident, claimant noticed increasing pain and numbness in her
left leg and lingering pain in her left shoulder. As instructed, she followed up with Dr. Jones on
March 2, 2013, where she complained primarily of left ankle pain that increased in severity when
she used stairs. Although x-rays of the left ankle appeared normal, Dr. Jones prescribed claimant
a CAM walking boot for her left ankle and directed her to undergo physical therapy at Athletico.
¶ 11 On March 4, 2013, claimant began physical therapy at Athletico, where she described the
pain in her left lower extremity from the knee down to her calf as “fire.” She also complained of
low back, left shoulder pain and left ankle pain that worsened with physical activity. Claimant was
prescribed physical therapy three times a week for four weeks.
¶ 12 On March 21, 2013, claimant presented for a follow-up appointment with Dr. Jones. Dr.
Jones noted that claimant reported worsening pain in her left lower extremity but improving back
and left shoulder pain. Dr. Jones ordered an MRI of claimant’s left knee and ankle, and he
instructed her to discontinue wearing the CAM walking boot because it aggravated her pain.
¶ 13 On March 25, 2013, claimant underwent an MRI of her left knee at Loyola University
Medical Center. The reviewing radiologist noted a small oblique tear of the body and posterior
horn of the medial meniscus, involving the interior articular surface. The radiologist also noted
mild cartilage fissuring at the patellar apex and lateral femoral condyles, but there was no evidence
of peroneal neuropathy. An EMG of the left lower extremity did not show any evidence of
neuropathy. The MRI scan of her left lower leg from the knee down through the left ankle was
unremarkable.
¶ 14 On April 1, 2013, at Proviso’s request, claimant underwent an independent medical
4 examination (IME) with Dr. G. Klaud Miller, a board-certified orthopedic surgeon. Dr. Miller
reviewed the accident report; pictures of the scene; Gottlieb Memorial Hospital’s treatment records
from February 27, 2013, through March 21, 2013; the March 26, 2013, MRI results; and physical
therapy records from Athletico. Dr. Miller also obtained an independent history and conducted a
physical examination of claimant. Dr. Miller noted that the mechanism of injury was a competent
cause of her complaints; however, there was some discrepancy between claimant’s subjective
complaints and the objective findings. In particular, claimant’s complaints were unsupported by
the MRI results, which revealed some mild degenerative changes and showed no evidence of a
true torn cartilage. According to Dr. Miller, the absence of effusion and the diffuse and nonfocal
tenderness was not supportive of a torn cartilage. Thus, in contrast to the radiologist’s opinion, Dr.
Miller observed that the MRI revealed no evidence of a “discrete tear.”
¶ 15 Dr. Miller also opined that claimant may have sustained a peroneal nerve contusion of the
left lower extremity and a SLAP lesion of the left shoulder, which were also consistent with the
mechanism of injury. Again, Dr. Miller noted that claimant’s complaints seemed excessive for a
“relatively mild abnormal examination” but consistent with a SLAP lesion. Dr. Miller
recommended an MRI of the left shoulder and injections to the left knee and shoulder with
cortisone and local anesthesia to confirm or deny intra-articular pathology.
¶ 16 On April 8, 2013, claimant returned to Dr. Jones complaining of increasing numbness,
tingling and burning down her left lower extremity that worsened with prolonged standing. Dr.
Jones indicated his concern for possible nerve injury secondary to claimant’s fall. Dr. Jones
ordered claimant off work, to undergo an EMG of the left lower extremity and referred her for an
orthopedic surgery consultation with Dr. Pietro Tonino.
¶ 17 On April 10, 2013, claimant underwent an EMG of the left lower extremity. The EMG
5 results were normal.
¶ 18 On April 15, 2013, claimant presented to Dr. Tonino complaining of left shoulder and knee
pain. Dr. Tonino noted that “[i]t sounds like she contused her left leg,” but “[h]er MRI shows the
possibility of a medial meniscus tear of the left knee and some chondromalacia of her left knee.”
Upon examining claimant, Dr. Tonino observed tenderness over the inferior pole of the patella,
medial and lateral border of the patella, decreased elevation, as well as external and internal
rotation of the left shoulder compared to the right shoulder. Dr. Tonino diagnosed a left knee
contusion and left shoulder injury. After Dr. Tonino injected claimant’s left shoulder with Depo-
Medrol and local anesthetic, he directed her to continue physical therapy and remain off work for
several weeks. After administering the injections, Dr. Tonino noted an immediate improvement in
claimant’s symptoms. Claimant also testified that the shoulder injection caused marked
improvement in her shoulder pain, which she described as “like magic.” Claimant was referred to
a rehabilitation specialist, Dr. Singh Bajaj, to address ongoing numbness in her left lower
extremity.
¶ 19 On May 2, 2013, Dr. Miller issued an addendum to his April 1, 2013, report. In the
addendum, Dr. Miller offered his opinion on claimant’s ability to return to work for Proviso. Based
on his consideration of claimant’s job description, which was provided by Proviso, and claimant’s
injuries, Dr. Miller opined that claimant could fulfill the job’s physical demands and, therefore,
could return to full-duty work. On cross-examination, however, claimant addressed several
deficiencies in the job description Proviso provided to Dr. Miller. According to the claimant, the
description was incomplete because it omitted her responsibilities as department chair, which
required her to monitor 12 other employees and perform a daily room-to-room walk-through to
evaluate other teachers. She also noted that her duties as a driver education instructor require her
6 to frequently sit in a position to utilize the brake while students drove. Lastly, she indicated that
the description does not account for her job as a wellness instructor, which requires her to walk
across the grounds of the school with her classes to perform various physical activities.
¶ 20 On May 8, 2013, claimant presented to Dr. Singh Bajaj, a physiatrist at Loyola University
Medical Center, for an examination. At that time, claimant complained of pain and a burning
sensation along the lateral aspect of the left lower extremity from below the knee into her left foot.
Claimant indicated that this pain worsened with any knee bending. Based on claimant’s reported
history and symptoms, coupled with the physical examination, Dr. Bajaj opined that claimant’s
condition was consistent with peroneal neuropathy at the fibular head following the fall. Claimant
was instructed to continue physical therapy and prescribed Diclofenac, which was later modified
due to chest pains.
¶ 21 On May 20, 2013, claimant, again, presented to Dr. Tonino. At that time, claimant
complained of pain and intermittent numbness in her left leg that worsened when she stood. Dr.
Tonino noted that claimant suffered a direct contusion over the peroneal nerve, which likely caused
her symptoms. He instructed claimant to remain off work and continue physical therapy.
¶ 22 On June 19, 2013, the physical therapist at Athletico noted that claimant’s left shoulder
pain and associated complaints had improved, but she had persistent left lower extremity pain and
complaints. Occasional left knee locking was noted as well.
¶ 23 On June 20, 2013, claimant returned to Dr. Tonino complaining of left knee locking and
ongoing pain and problems. Dr. Tonino noted the lack of progression with physical therapy and,
based upon the failure of conservative treatment, suggested an arthroscopic evaluation of the knee
with partial medial meniscectomy. Dr. Tonino discontinued therapy for the left lower extremity
7 but advised claimant to continue physical therapy for her left shoulder. Given the improvement in
her left shoulder, however, claimant discontinued physical therapy.
¶ 24 Later that same day, claimant presented to Dr. James Kellershabrokh, an associate of Dr.
Bajaj. Dr. Kellershabrokh noted that physical therapy for the knee had strengthened claimant’s leg.
Dr. Kellershabrokh also noted that claimant continued to experience tingling, numbness and
soreness over the anterolateral shin, which worsened following any weight-bearing activity. Dr.
Kellershabrokh opined that claimant likely had a superficial peroneal nerve injury, given that the
EMG in April 2013 was normal. Dr. Kellershabrokh recommended a topical anesthetic cream and
noted that the only reason to consider repeating the superficial peroneal nerve conduction study
would be if surgical exploration was considered.
¶ 25 At the arbitration hearing, three surveillance videos, along with accompanying reports
containing summaries and still images from the videos were admitted without objection. Proviso
obtained the videos from Bonnamy and Associates, an insurance investigation company. The
videos and reports documented claimant’s activities on May 4, 2013, May 8, 2013 and May 10,
2013. The May 4, 2013, video depicts claimant walking and carrying several folding lawn chairs
on her left shoulder without any observable sign of pain or discomfort or any noticeable limp.
Claimant is later observed sitting in a lawn chair at a youth softball game, variously crossing and
uncrossing her legs at times and displaying no observable sign of pain or discomfort. The May 8,
2013, video depicts claimant driving to Loyola Medical Center for physical therapy. Lastly, the
May 10, 2013, video depicts claimant unloading her van. Claimant is observed carrying multiple
items, specifically including an armful of clothing, multiple bags in each hand, and what appears
to be a golf bag, while making approximately 8 to 10 trips from the curb, where her van is parked,
8 across the lawn and up approximately ten steps leading to her home. Once again, claimant
displayed no noticeable limp or outward sign of pain or discomfort.
¶ 26 On June 28, 2013, Dr. Miller issued a second addendum to his April 1, 2013, report. Dr.
Miller reviewed the surveillance videos and concluded that there was no evidence to support a
physical disability in either claimant’s left lower extremity or left shoulder. Dr. Miller reiterated
his April 1, 2013, findings that claimant had significantly more symptoms than he could
substantiate on the minimally abnormal examination. He further commented that “[t]his video
suggests that whatever symptoms she may or may not have had at the time of my examination
have resolved. In my opinion, based upon this video[,] no further treatment is necessary ***.”
¶ 27 In response to these videos, claimant testified that she was in continuous pain and that no
doctor had restricted her from walking. In fact, claimant testified that she was instructed to walk
by her doctor and then report any marked changes in her symptoms. She also claimed that she
never unloaded golf clubs from her vehicle, but she speculated that the bag in question was likely
her daughter’s softball equipment bag, which she claimed weighed 10 pounds or less.
¶ 28 On July 23, 2013, Dr. Miller issued his third addendum report, which included a review of
his previous reports and a new packet of records containing the April 10, 2013, EMG; Dr. Tonino’s
treatment records from April 15, 2013, through June 20, 2013; Dr. Bajaj’s May 8, 2013, evaluation;
and claimant’s physical therapy records from April 10, 2013, through June 17, 2013. Dr. Miller
first expressed that “[i]t is difficult for [him] to make any definitive statements because the last
time [he] examined [claimant] was almost four months ago ***.” Nevertheless, Dr. Miller stated
that claimant’s shoulder condition had largely resolved itself but that her left knee remained much
more problematic. Dr. Miller also explained that almost all of claimant’s symptoms for the past
several months were located on the lateral side and consistent with a peroneal nerve lesion,
9 although the EMG was negative. Additionally, as noted in his April 1, 2013, report, Dr. Miller had
personally reviewed the MRI and “respectfully [disagreed] with the radiologist,” stating that he
did not observe anything that he would call true torn cartilage. While Dr. Miller could not dispute
the possibility of a torn meniscus, given that an MRI can miss 20% of true torn cartilages, he
opined that it was impossible to conclude that claimant sustained a torn meniscus in the absence
of effusion and due to the significant variability of her symptoms. Again, Dr. Miller recommended
a cortisone injection and noted that an arthroscopy was appropriate if the injections did not
eliminate her symptoms. He expressed, however, that “any connection to the incident in question
is at best questionable.” In conclusion, Dr. Miller stated the following:
“[S]ince [claimant] had approximately two months where she did not have any
medial-sided symptoms whatsoever and based upon the complete lack of apparent
problems in her left knee in the May surveillance, to a reasonable degree of medical
certainty, if there is a torn cartilage, I cannot relate it to the incident in question.”
¶ 29 Claimant testified that her lower back pain and problems have since resolved. Although
she experienced occasional pain and popping in her left shoulder, her left shoulder pain and
problems had practically resolved. Consequently, she did not seek additional medical treatment
for her left shoulder. Claimant also continued to experience ongoing pain and problems in her left
lower extremity and locking in her left knee with extended activity. She expressed a desire to
proceed with the proposed surgery so she could return to work at Proviso. Prior to the accident,
claimant did not receive medical treatment for her left knee, and she did not suffer pain or problems
related to her left knee.
¶ 30 On October 24, 2013, the arbitrator awarded claimant TTD and medical benefits for the
period of April 8, 2013, through June 28, 2013. The arbitrator denied benefits and prospective
10 medical care after June 28, 2013, finding that claimant’s current condition of ill-being in her low
back, left knee and left shoulder was not causally related to the February 27, 2013, accident.
¶ 31 On November 15, 2013, claimant appealed the arbitrator’s decision to the Commission. On
June 17, 2014, the Commission affirmed and adopted the arbitrator’s decision. In doing so, the
Commission summarized the evidence and made additional notations in support of its decision. In
particular, the Commission summarized Dr. Miller’s finding that claimant’s condition of ill-being
after June 28, 2013, was attributable to a pre-existing degenerative condition, not the accidental
fall. Additionally, the Commission concluded that the surveillance footage, taken with Dr. Miller’s
reports and other evidence in the record, demonstrated that claimant was not a surgical candidate
or in need of additional medical treatment as a result of the work injury.
¶ 32 On July 14, 2014, claimant filed a petition for judicial review in the circuit court of Cook
County. Following a hearing, the court determined that the Commission’s finding, specifically that
claimant’s condition of ill-being was not causally related to the February 27, 2013, accident, was
against the manifest weight of the evidence. Thus, the court reversed and remanded the
Commission’s decision.
¶ 33 On March 11, 2015, Proviso filed a timely appeal to this court. On February 11, 2016,
pursuant to Illinois Supreme Court Rule 23 (eff July 1, 2011), this court entered an order dismissing
the appeal for lack of jurisdiction and remanding the matter to the Commission with directions “to
review all the controverted and relevant facts and provide both a factual and legal basis for a
finding of causation subsequent to June 28, 2013." See Proviso Township High School District
#209 v. Illinois Workers' Comp. Comm’n, 2016 IL App (1st) 150716WC-U.
¶ 34 On December 20, 2018, the Commission, exercising de novo review of the arbitrator’s
decision, again, adopted the arbitrator’s findings. The Commission expressed its belief that the
11 Commission’s prior panel “neither misrepresented nor misinterpreted Dr. Miller's findings and/or
conclusions” and “performed the function to which it is tasked and weighed the competing
evidence.” The Commission, however, acknowledging that it was bound by the circuit court’s
decision and findings, entered a decision reversing the arbitrator’s decision. Accordingly, the
Commission found that claimant’s condition of ill-being after June 28, 2013, was causally related
to the February 27, 2013, accident and awarded additional benefits, including TTD benefits
through August 12, 2013. On January 10, 2019, the Commission vacated its December 20, 2018,
decision and entered a corrected decision.
¶ 35 On January 11, 2019, Proviso filed a petition for judicial review in the circuit court of Cook
County. The court later confirmed the Commission’s decision on remand, and Proviso filed a
timely notice of appeal.
¶ 36 II. Analysis
¶ 37 It is undisputed that claimant sustained accidental injuries from a fall arising out of and in
the course of her employment. The sole issue on appeal arises from the Commission’s original
decision to deny benefits after June 28, 2013. Specifically, the Commission’s finding that claimant
failed to prove that her condition of ill-being regarding her left knee was causally related to her
work accident after June 28, 2013, which was the date Dr. Miller determined claimant’s injuries
from the accident had resolved and she could return to full employment. Upon concluding that the
Commission’s decision was against the manifest weight of the evidence, the circuit court set aside
that decision. Accordingly, on appeal, Proviso asserts that the circuit court erred in setting aside
the Commission’s original decision. We agree.
¶ 38 An appeal from a final judgment of the circuit court confirming a decision of the
Commission on remand necessarily implicates the propriety of the circuit court’s earlier decision.
12 See F&B Manufacturing Co. v. Industrial Comm'n, 325 Ill. App. 3d 527, 531 (2001). Where, as
here, the trial court reverses the Commission’s initial decision and the Commission enters a new
decision on remand, this court must decide whether the Commission’s initial decision was proper.
Vogel v. Illinois Workers' Comp. Comm'n, 354 Ill. App. 3d 780, 785-86 (2005).
¶ 39 This appeal involves a challenge to the Commission’s original findings with respect to
causation and to dependent prospective medical care and TTD benefits. All three inquiries present
questions of fact. See ABF Freight System v. Illinois Workers’ Comp. Comm’n, 2015 IL App (1st)
141306WC, ¶ 19 (“Causation presents a question of fact.”); Dye v. Illinois Workers’ Comp.
Comm’n, 2012 IL App (3d) 110907WC, ¶ 10 (“Questions regarding entitlement to prospective
medical care *** are factual inquiries for the Commission to resolve.”); Ming Auto/Ming of
Decatur, Inc. v. Industrial Comm’n, 387 Ill. App. 3d 244, 256-57 (2008) (noting that entitlement
to TTD is a question of fact for the Commission); see also Westin Hotel v. Industrial Comm'n, 372
Ill. App. 3d 527, 542 (2007) (“A claimant is entitled to TTD benefits from the time an injury
incapacitates him from work until such time as he is as far recovered or restored as the permanent
character of his injuries will permit.”). The Commission’s determination on a question of fact will
not be disturbed on review unless it is against the manifest weight of the evidence. Orsini v.
Industrial Comm’n, 117 Ill. 2d 38, 44 (1987).
¶ 40 “[T]o the extent that the medical testimony might be construed as conflicting, it is well
established that resolution of such conflicts falls within the province of the Commission, and its
findings will not be reversed unless contrary to the manifest weight of the evidence.” Caterpillar
Tractor Co. v. Industrial Comm'n, 92 Ill. 2d 30, 37 (1982). For a finding of fact to be contrary to
the manifest weight of the evidence, an opposite conclusion must be clearly apparent. Caterpillar,
Inc. v. Industrial Comm’n, 228 Ill. App. 3d 288, 291 (1992). Presented differently, the
13 Commission’s determination on a question of fact is against the manifest weight of the evidence
when no rational trier of fact could have agreed. Dolce v. Industrial Comm’n, 286 Ill. App. 3d 117,
120 (1996). With these principles in mind, we now turn to the merits of this appeal and first
consider the propriety of the Commission’s original decision.
¶ 41 Proviso contends that the Commission’s original determination that claimant’s condition
of ill-being was not causally connected to her work accident was supported by the manifest weight
of the evidence. In response, claimant asserts that the Commission’s original panel “cherry picked
certain portions of Dr. Miller’s various IME reports” and “completely disregarded all the various
doctors’ reports indicating casual connection with the work accident.” Thus, in turn, claimant urges
us to affirm the circuit court’s order confirming the Commission’s corrected decision issued on
remand.
¶ 42 In the present case, the crux of the dispute centers on whether claimant’s left knee injury,
that is, a torn meniscus or a peroneal nerve contusion to her left leg, had sufficiently resolved itself
by June 28, 2013. More precisely, the issue is whether the record supports the Commission’s
original determination that the claimant failed to prove by a preponderance of the evidence that
her condition of ill-being after June 28, 2013, was causally related to the work accident. Upon
careful review of the record, we cannot say that the Commission’s finding that the claimant failed
to meet her evidentiary burden in that regard is unreasonable and unsupported by the evidence.
¶ 43 In rendering its decision, the Commission relied heavily on Dr. Miller’s reports and
surveillance footage. The record shows that Dr. Miller reviewed the pertinent medical records,
including Dr. Jones’ (the first treating physician) reports and MRI results. Dr. Miller also obtained
an independent history from claimant and conducted a physical examination before rendering his
opinions. Although Dr. Miller noted that the mechanism of injury was a competent cause of her
14 complaints, he believed that claimant’s complaints were unsupported by the MRI results, which
were consistent with some mild degenerative changes. Additionally, based on his independent
review of the MRI and claimant’s physical examination, Dr. Miller disagreed with the radiologist’s
opinion that the MRI showed evidence of a torn meniscus. Instead, given the absence of effusion
combined with diffuse and nonfocal tenderness, Dr. Miller diagnosed claimant with a peroneal
nerve contusion.
¶ 44 At Proviso’s request, Dr. Miller issued an addendum to his original report on May 2, 2013,
in which he concluded that claimant could return to work as a full-time teacher. On June 28, 2013,
after reviewing the surveillance footage, Dr. Miller issued a second addendum, in which he
reiterated his April 1, 2013, findings that claimant had significantly more symptoms than he could
substantiate on the minimally abnormal examination, and he asserted that the surveillance footage
revealed no evidence to support a finding of a physical disability in claimant’s left leg. Dr. Miller
also commented that “[t]his video suggests that whatever symptoms she may or may not have had
at the time of my examination have resolved. In my opinion, based upon this video no further
treatment is necessary ***.” Lastly, on July 23, 2013, Dr. Miller issued his final addendum to his
April 1, 2013, report where he concluded “to a reasonable degree of medical certainty, if there is
a torn cartilage, I cannot relate it to the incident in question.”
¶ 45 In contrast to Dr. Miller’s opinions with respect to injury and causal connection, Dr. Tonino
stated in his April 15, 2013, report that “[i]t sounds like she contused her left leg,” but “[h]er MRI
shows the possibility of a medial meniscus tear of the left knee and some chondromalacia of her
left knee.” Moreover, upon examining claimant, Dr. Tonino diagnosed a left knee contusion and
left shoulder injury. Later, on June 20, 2013, after claimant returned to Dr. Tonino complaining of
knee locking and ongoing pain and problems, Dr. Tonino suggested an arthroscopic evaluation of
15 the knee with partial medial meniscectomy. The Commission gave less weight to Dr. Tonino’s
opinion, as correctly observed by the Commission’s second panel, because his opinions were
largely based on claimant’s subjective complaints.
¶ 46 Lastly, contrary to the circuit court’s finding that the video “is not really evidence of
anything,” the surveillance videos show claimant carrying items and repeatedly traversing a flight
of stairs with no outward signs of pain or discomfort more than one month prior to claimant
presenting to her physical therapists and Dr. Tonino with complaints of knee locking. Therefore,
the videos could reasonably be viewed as corroborating Dr. Miller’s opinions that the subjective
complaints could not be reconciled with the objective evidence, claimant was physically able to
return to work, and that no lingering symptoms were noticeable. Accordingly, the Commission’s
decision is amply supported, and the opposite conclusion is not clearly apparent from the record.
¶ 47 Based on the foregoing, the Commission’s original decision to deny claimant benefits after
June 28, 2013, as unrelated to the work accident is not against the manifest weight of the evidence.
Therefore, the circuit court erred in setting aside the Commission's original decision on that issue.
¶ 48 III. Conclusion
¶ 49 Based on the foregoing, we reverse the circuit court’s original order, vacate the
Commission’s corrected decision on remand, vacate the circuit court’s order confirming the
Commission’s corrected decision, and reinstate the Commission’s original decision.
¶ 50 Reversed in part and vacated in part; Commission's decision on remand vacated and
original decision reinstated.