Reliance Elevator Co. v. Industrial Commission

600 N.E.2d 4, 233 Ill. App. 3d 956, 175 Ill. Dec. 381, 1992 Ill. App. LEXIS 760
CourtAppellate Court of Illinois
DecidedMay 15, 1992
DocketNo. 1—91—2582WC
StatusPublished

This text of 600 N.E.2d 4 (Reliance Elevator Co. 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
Reliance Elevator Co. v. Industrial Commission, 600 N.E.2d 4, 233 Ill. App. 3d 956, 175 Ill. Dec. 381, 1992 Ill. App. LEXIS 760 (Ill. Ct. App. 1992).

Opinion

JUSTICE LEWIS

delivered the opinion of the court:

Claimant, Mary Lou Ruzkowski, filed an application for adjustment of claim for widow’s benefits pursuant to the Workers’ Compensation Act (Ill. Rev. Stat. 1989, ch. 48, par. 138.1 et seq.) (the Act), following her husband’s, Jerome Ruzkowski’s (the decedent’s), death while employed by the respondent, Reliance Elevator Company. The arbitrator found that the decedent’s death arose out of and in the course of his employment and awarded the claimant benefits under the Act. On appeal, the Industrial Commission (the Commission) affirmed the arbitrator’s decision, and the circuit court confirmed the Commission’s decision. The respondent appeals.

The sole issue presented on appeal is whether the Commission’s determination that the decedent’s death arose out of and in the course of his employment was against the manifest weight of the evidence. We affirm for the reasons set forth below.

At the arbitration hearing, the claimant testified that she was married to the decedent on March 23, 1989. On that date, the decedent appeared to be in good health when he left for work that morning. At the time of the decedent’s death, he had been employed by the respondent for three or four years, but he had worked in the elevator business for approximately 36 years.

In summarizing the decedent’s past medical history, the claimant testified that the decedent had had gallbladder surgery a little over a year prior to his death, and that the surgery had been performed by Dr. Haun at Lutheran General Hospital. She stated that the decedent carried medication for headaches on his person. She further explained that the decedent had taken Zantac for a stomach condition, and that Dr. Lewis, the decedent’s family physician, had prescribed Valium for nervousness. She denied that the decedent had been treated for a heart condition, or that he had been diagnosed as having a congestive heart problem.

James Neiweem, an officer employed by the Wilmette police department, testified that he was on duty on March 23, 1989, and that he had been summoned to Mallinckrodt College (the College), the scene of the decedent’s death. Upon his arrival at the College, he went to the elevator room on the fourth floor, where he saw the decedent lying facedown on the floor. Officer Neiweem described the room as being 10 feet by 18 feet in size, with half of the floor of the room raised approximately two feet from the other half of the floor and upon which the electrical-control panel for the elevator was located. The decedent was found on the lower level of the floor, about three to four feet from the control panel. A screwdriver lay about a foot away from the decedent on the floor, and a tool pouch was upon the raised platform less than two feet from the control panel. Also in front of the control panel, on the raised portion, was a folded towel which the officer assumed to be a kneeling pad. Officer Neiweem observed that the electrical-control panel was on and that the electrical current was “arcing” between two contacts on the panel.

Officer Neiweem recalled that the decedent had an abrasion to his right eye, which the officer believed could have been caused when the decedent fell off of the platform area. Officer Neiweem admitted on cross-examination that he had seen a person electrocuted before but that there were paramedics working on the person at the time and he did not have a good view of the person. Officer Neiweem did not see any burn marks on the decedent.

Edward Rudek testified that he was working for the respondent on March 23, 1989, as a maintenance supervisor, and that he had been in the elevator business most of his life. Currently, he was employed by Otis Elevator Company as the superintendent of the modernization department, but at the time of the decedent’s death, he was the decedent’s supervisor. He stated that on the date of the decedent’s death, the decedent worked as a maintenance mechanic for the elevators, and that the decedent was at the College to perform routine maintenance. In performing routine maintenance on an elevator, a maintenance mechanic would contact the person in charge of the building, such as a building engineer, and would then go to the machine room and check the equipment and the lubricants. Rudek himself had done routine maintenance on elevators in the past. Rudek explained that the job sometimes required the mechanic to put his hands into the equipment to work on it, and that he had received electrical shocks many times while performing routine maintenance on an elevator.

Rudek went to the scene of the decedent’s death, and when he arrived, the decedent was lying on the floor on the left side of the room. Rudek stated that the control panel was on the right side of the room “on the deck.” Rudek further stated that the decedent’s tool pouch was on the deck, a rag was laying there, and there was no cover on the control panel.

Rudek testified that he is a member of a union and that every month there is something about accidents involving elevators in the literature provided by the union. These articles included electrical accidents, and in the past five or six years, there had been two or three electrocutions in the Chicago area. Rudek considered this to be a hazard of the job.

Rudek stated that he had known the decedent for about 28 years. On cross-examination, he admitted that he had hired the decedent for the respondent and that he was friends with the decedent and his family. He also admitted that during his employment with the respondent, he had had problems. He admitted that he had been “kind of like” demoted and had had a pay decrease while working for the respondent, and this had made him angry. He stated that he had never seen anyone electrocuted on the job.

The claimant presented the evidence deposition of Dr. Margarita Arruza, deputy medical examiner for the office of medical examiner of the County of Cook. She testified that she had investigated the decedent’s death for the medical examiner’s office and that her investigation consisted of reviewing the report of the investigator’s findings of the circumstances surrounding the decedent’s death, going to the scene of the decedent’s death, and doing a postmortem examination of the decedent.

In her examination of the decedent’s body, she found that the decedent had congestive cardiomyopathy, a 25% to 50% occlusion of the coronary arteries, and some abrasions on the forehead, right eye, cheek and forearm. She stated that the decedent was 56 years of age, was overweight and had a sick heart. Dr. Arruza explained that congestive cardiomyopathy is associated with decreased cardiac output, and the heart muscle becomes weaker and thinner. Some of the symptoms of this condition are fatigue and shortness of breath. A person with this condition might go on for a number of years with the disease and never experience any symptomology. She found that the decedent’s myopathy was a preexisting condition.

Dr. Arruza testified that the 25% to 50% occlusion of the decedent’s coronary arteries was not significant, as anything below a 70% occlusion does not have a physiological consequence on the blood flow. The doctor found no evidence that the decedent had had a prior myocardial infarction. Dr.

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Bluebook (online)
600 N.E.2d 4, 233 Ill. App. 3d 956, 175 Ill. Dec. 381, 1992 Ill. App. LEXIS 760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reliance-elevator-co-v-industrial-commission-illappct-1992.