Pryor v. Industrial Commission

558 N.E.2d 788, 201 Ill. App. 3d 1, 146 Ill. Dec. 825, 1990 Ill. App. LEXIS 1183
CourtAppellate Court of Illinois
DecidedAugust 8, 1990
Docket5-89-0005WC
StatusPublished
Cited by10 cases

This text of 558 N.E.2d 788 (Pryor 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
Pryor v. Industrial Commission, 558 N.E.2d 788, 201 Ill. App. 3d 1, 146 Ill. Dec. 825, 1990 Ill. App. LEXIS 1183 (Ill. Ct. App. 1990).

Opinions

JUSTICE McNAMARA

delivered the opinion of the court:

Claimant, Bob G. Pryor, sought worker’s compensation benefits following an alleged accident while working for respondent Rockwell International. An arbitrator awarded $219.74 per week for 236/v weeks as temporary total disability benefits, plus $7,829 for medical expenses. The Industrial Commission (Commission), with one member dissenting, reversed the arbitrator’s decision, finding no award should be made because claimant failed to prove he sustained accidental injuries arising out of and in the course of his employment. The circuit court of Marion County reversed, finding the Commission’s decision was against the manifest weight of the evidence.

Claimant began working for respondent in October 1983. In 1985, he was a molder, and his job required bending over to pick up six to eight pounds of material from a box, cut it, and bend over to hand the material to a trimmer every 90 seconds. In late July 1985, one of the two molder jobs, and one of the two trimmer jobs, were eliminated. Claimant, therefore, asserted that his workload doubled. He soon noticed pain shooting down his lower back and right leg.

On August 19, 1985, claimant saw Dr. Michael Murphy, a neurosurgeon. He gave no history of a work-related injury.

On September 4, 1985, claimant felt increased pain at work. He testified that he reported the problem to the plant nurse, the plant supervisor, Frank Franczyk, and several other employees. Claimant was told he would need a doctor’s authorization to go on medical leave. He stopped working on that day.

On August 19 and September 12, 1985, claimant signed group insurance claim forms which stated that no accident was involved. Claimant testified that Franczyk told him it was too late to file a worker’s compensation claim, and that an accident was only when, e.g., an object fell on the worker and injured him. Claimant testified, however, that he understood accidents could occur in other ways.

On September 24, 1985, claimant returned to Dr. Murphy. On October 19, 1985, back surgery was performed. On April 10, 1986, claimant returned to work for respondent. Claimant testified at the arbitration hearing that he continued to experience leg and back problems.

Claimant also testified regarding a preexisting condition. In 1976, claimant injured his back when he was pinned between two trucks. He was treated by Dr. Murphy. In 1978, both legs became numb and he could not walk. After six months of treatment, Dr. Murphy performed a laminectomy in July 1978. From that time until the time of the arbitration hearing, claimant experienced some numbness in his left leg. He had no further problems with his back until July 1985, although he worked at several laborer jobs during the intervening years.

Claimant denied any leg injuries since 1978. He agreed, however, that in January 1984 he reported to his supervisor that he had injured his knees. In 1983, claimant passed a preemployment physical with respondent.

Ann Marie Pryor, claimant’s wife, testified that in late August 1985 claimant began having physical difficulty working around the house and getting up from the couch.

Frank Franczyk testified for both parties. He denied speaking with claimant on September 4, 1985, about a work injury. In October 1985, he spoke with a union representative and claimant about filing the worker’s compensation claim.

Dr. Murphy testified at a January 28, 1986, evidence deposition. In 1978, claimant had a herniated disc at L4-L5 and L5-S1 levels.

On August 19, 1985, he saw claimant. A patient information sheet indicated that he had a worker’s compensation claim. Objective findings were present, including some residuals from the 1978 surgery. An August 19 letter which Dr. Murphy wrote to claimant’s physician made no mention of trauma at work.

On September 24, 1985, claimant told Dr. Murphy he had suffered back pain when pulling material from a box at work. Tests revealed a herniated disc at L4-L5 and L5-S1 levels. On October 18, 1985, a lumbar fusion was performed.

Dr. Murphy opined: “I don’t think [the back condition] was caused by [the work activities], but I suspect it was pre-existing and was aggravated by it.” He also said that the condition could “occur with as little as the activities of daily living” because the condition was “a time bomb” waiting to go off. The disc condition was degenerative in nature and could be long standing. The diagnostic findings could be there without trauma and were consistent with post-operative changes. The 1985 surgery revealed a calcified disc fragment, which could result from the prior injury.

The arbitrator found claimant had suffered an accident arising out of and in the course of his employment with respondent. The arbitrator relied on Dr. Murphy’s opinion that claimant’s condition was related to the work activities and that his preexisting condition was aggravated by the work duties.

The Commission reversed, finding insufficient evidence of a compensable injury. It relied on the fact that initially claimant did not report a work injury to Dr. Murphy; that the medical insurance forms did not specify a work accident; and that Dr. Murphy “suspected the work history of pulling of materials described by [claimant], aggravated the preexisting herniated disc, not caused it.” A dissenting member asserted that the majority erred in relying on claimant’s failure to classify his repetitive injury as an “accident.”

The trial court reversed the Commission, finding its decision was against the manifest weight of the evidence. The court pointed out that from 1978 until July 1985, claimant was without symptoms and that the new symptoms coincided with the doubling of claimant’s workload. The court found that the evidence, including Dr. Murphy’s opinion on causation, established that claimant had suffered a repetitive injury which aggravated a preexisting condition.

Whether a work-related accident occurred and whether it caused a worker’s condition of ill-being are questions of fact for the Commission. (Oscar Mayer & Co. v. Industrial Comm’n (1988), 176 Ill. App. 3d 607, 531 N.E.2d 174.) The Commission must weigh the evidence and draw reasonable inferences therefrom. This court may not overturn the Commission’s decision merely because it might have drawn different inferences. Niles Police Department v. Industrial Comm’n (1981), 83 Ill. 2d 528, 416 N.E.2d 243.

Recovery is properly denied where the employee’s health has so deteriorated that any normal daily activity is an overexertion, or where the activity engaged in presents risks no greater than those to which the general public is exposed. (Caterpillar Tractor Co. v. Industrial Comm’n (1982), 92 Ill. 2d 30, 440 N.E.2d 861.) Where a preexisting condition is aggravated, the employee must show that the employment significantly contributed to the injury by placing the employee in a position increasing the dangerous effects of the physical act which revealed the condition of ill-being. See Elliot v.

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Cite This Page — Counsel Stack

Bluebook (online)
558 N.E.2d 788, 201 Ill. App. 3d 1, 146 Ill. Dec. 825, 1990 Ill. App. LEXIS 1183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pryor-v-industrial-commission-illappct-1990.