R&D Thiel v. Illinois Workers' Compensation Commission

923 N.E.2d 870, 398 Ill. App. 3d 858, 338 Ill. Dec. 10, 2010 Ill. App. LEXIS 161
CourtAppellate Court of Illinois
DecidedFebruary 9, 2010
Docket1-08-3666WC
StatusPublished
Cited by3 cases

This text of 923 N.E.2d 870 (R&D Thiel v. Illinois Workers' Compensation 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
R&D Thiel v. Illinois Workers' Compensation Commission, 923 N.E.2d 870, 398 Ill. App. 3d 858, 338 Ill. Dec. 10, 2010 Ill. App. LEXIS 161 (Ill. Ct. App. 2010).

Opinion

JUSTICE HOFFMAN

delivered the opinion of the court:

R&D Thiel, a division of Carpenter Contractors of America, (R&D), appeals from an order of the circuit court of Cook County that confirmed a decision of the Illinois Workers’ Compensation Commission (Commission) awarding the claimant, Manuel Robledo, benefits under the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2004)). For the reasons that follow, we affirm the judgment of the circuit court and remand the matter to the Commission for further proceedings.

The following factual recitation is taken from the evidence presented at the arbitration hearing.

The claimant was employed by R&D as a laborer. The claimant testified that, on January 5, 2004, he fell from a ladder while he was working for R&D. According to the claimant, he fell 12 feet and landed on his right side. He stated that he felt pain in his back immediately.

On January 6, 2004, the claimant sought treatment from Dr. Cavazos, a chiropractor. Dr. Cavazos’ records reflect that the claimant complained of low-back pain and contain a history of the claimant having fallen nine feet while working on the day before. X-rays of the claimant’s lumbar spine and right hip taken January 7, 2004, on orders of Dr. Cavazos were negative. In a letter dated January 7, 2004, Dr. Cavazos wrote that, when seen, the claimant complained of severe to moderate low-back pain and some sciatica as a result of an eight-foot fall onto a basement floor which occurred on January 5, 2004. Dr. Cavazos estimated that the claimant would be unable to work for a period from two to four weeks and would require therapy.

The claimant returned to see Dr. Cavazos on January 9, 2004. The doctor’s notes of that visit state that the claimant had improved 20%. Dr. Cavazos recommended that the claimant have an MRI of his lumbar spine, which the claimant had that same day. Dr. John Aiken-head, also a chiropractor, interpreted the scan. According to Dr. Aiken-head, the MRI of the claimant’s lumbar spine revealed a central protrusion at L4-L5, effacing the thecal sac with a small annular tear within the disk. In a letter dated January 17, 2004, Dr. Cavazos noted that the claimant was still complaining of low-back pain with right radiculopathy. He described the claimant’s L4-L5 disk protrusion as “recent in nature and not pre-existing.” The doctor continued the claimant’s off-work status and estimated that he would be totally disabled for another four to six weeks.

The claimant next saw Dr. Cavazos on January 20, 2004. In his notes of that visit, Dr. Cavazos wrote that the claimant had a potential right knee problem from a fall at work which had been masked by severe low-back pain and right sciatica.

On January 27, 2004, the claimant was examined by Dr. Charles Mercier, an orthopaedic surgeon, at the request of R&D. Dr. Mercier testified that, when he examined the claimant on that date, his complaints were limited to low- and mid-back pain. The claimant made no mention of any right knee problems. Nevertheless, Dr. Mercier examined the claimant’s right knee and found nothing abnormal. Dr. Mercier diagnosed an acute lumbosacral strain and found that the claimant was capable of light-duty work with lifting and bending restrictions. He reviewed the MRI of the claimant’s lumbar spine and found no evidence of nerve root impingement. According to Dr. Mercier, the small lumbar disk protrusion at L4-L5 and the annular tear were incidental to degenerative findings, and he did not believe that the claimant’s fall at work aggravated the condition. He opined that 12 chiropractic treatments or physical therapy sessions would be sufficient and that the claimant should be able to return to his regular work duties within six weeks following his injury.

When Dr. Cavazos examined the claimant on January 28, 2004, he noted that the claimant had an internal derangement of the right knee and recommended that he undergo an MRI of the knee. The claimant had the recommended MRI the following day, January 29, 2004. Dr. Aikenhead interpreted that MRI as showing mild bone edema of the medial facet of the patella, suggesting a “questionable” contusion or transchondral fracture of the medial facet of the patella and minimal edema near the femoral attachment, which “suggested” a slight strain of the anterior cruciate ligament. Dr. Aikenhead described the medial and lateral menisci and the medial and lateral collateral ligament complexes as normal. Dr. Cavazos testified that the claimant’s back and knee conditions were both causally connected to his fall at work on January 5, 2004.

The claimant continued to receive chiropractic care from Dr. Cavazos. Dr. Cavazos referred the claimant to Dr. Howard Freedberg, an orthopaedic surgeon, whom the claimant saw for the first time on February 5, 2004. In a letter dated that same day, Dr. Freedberg wrote that the claimant complained of pain in his right lower back, radiating to his hamstrings, thigh, and knee. X-rays of the claimant’s knee revealed a “questionable” defect of the central area on the lateral projection. Dr. Freedberg also reviewed the MRI of the claimant’s lumbar spine. He diagnosed a herniated L4-L5 disk with radiculopathy, right traumatic retropatellar pain syndrome, and an osteochondral fracture. Dr. Freedberg prescribed a Shield’s brace and Celebrex, authorized the claimant to remain off work, and referred him back to Dr. Cavazos for additional treatment.

The claimant was again seen by Dr. Freedberg on February 19, 2004. At that time, Dr. Freedberg diagnosed low-back pain and right knee traumatic retropatellar syndrome. He injected the claimant’s right knee and sent him back to Dr. Cavazos for an aggressive strengthening program.

The claimant saw Dr. Cavazos on February 25, 2004. The doctor’s records of that visit reflect that the claimant had full range of motion in his back and only minimal complaints.

The claimant next saw Dr. Freedberg on March 15, 2004. The claimant reported that his right knee was bothering him significantly. The doctor noted that the injection which he administered at the claimant’s last visit had only relieved his knee pain for two days. On examination of the claimant’s right knee, Dr. Freedberg found negative apprehension, very little joint line tenderness, stable ligaments, and good tracking. He also found extensor mechanism problems and felt that there was an obvious osteochondral fracture of the medial facet and recommended arthroscopic surgery with debridement of the osteochondral-fracture fragment.

When Dr. Freedberg last saw the claimant on April 15, 2004, he noted that the claimant’s MRI shows an osteochondral fracture of the patella, and he again recommended surgery.

In a letter to R&D’s insurance carrier dated April 21, 2004, Dr. Cavazos wrote that the claimant was still off work and awaiting knee surgery. He reported that the claimant’s sciatica was improving.

On May 18, 2004, the claimant was again examined by Dr. Mercier at the request of R&D. Dr. Mercier testified that it was at this second examination that the claimant first mentioned any knee problems. On examination of the claimant’s right knee, Dr.

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Bluebook (online)
923 N.E.2d 870, 398 Ill. App. 3d 858, 338 Ill. Dec. 10, 2010 Ill. App. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rd-thiel-v-illinois-workers-compensation-commission-illappct-2010.