Roose v. Industrial Commission

543 N.E.2d 514, 187 Ill. App. 3d 525, 135 Ill. Dec. 131, 1989 Ill. App. LEXIS 1176
CourtAppellate Court of Illinois
DecidedAugust 4, 1989
DocketNo. 4—88—0923WC
StatusPublished

This text of 543 N.E.2d 514 (Roose 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
Roose v. Industrial Commission, 543 N.E.2d 514, 187 Ill. App. 3d 525, 135 Ill. Dec. 131, 1989 Ill. App. LEXIS 1176 (Ill. Ct. App. 1989).

Opinion

JUSTICE WOODWARD

delivered the opinion of the court:

Claimant, Russell Roose, filed an application for adjustment of claim under the Workers’ Compensation Act (Act) (Ill. Rev. Stat. 1983, ch. 48, par. 138.1 et seq.) for injuries received in a work-related accident occurring on January 7, 1981. Claimant alleged that, while working as a construction electrician for respondent, he was standing on approximately the third rung of a ladder when he fell and fractured both wrists. The eventual result of the accident was bilateral carpal tunnel syndrome (syndrome).

On July 16, 1984, the matter was heard before an arbitrator, who decided that claimant, because of the injury, was permanently and totally disabled. In its decision and opinion on review issued on September 12, 1986, the Industrial Commission (Commission) found that a causal relationship existed between the injuries and claimant’s syndrome; that claimant was intermittently temporarily totally disabled for 1622/y weeks; and that claimant’s condition had not yet reached a state of permanency.

On appeal the circuit court of Vermilion County found that the Commission’s decision holding claimant’s syndrome was related to the January 7, 1981, injury was contrary to the manifest weight of the evidence. The cause was remanded to the Commission for it to determine what temporary total compensation, permanent total disability, and medical bills, if any, claimant had sustained without consideration of the syndrome.

On remand review, the Commission found, without giving consideration to the syndrome, that claimant had sustained permanent partial disability of 25% loss of the use of his left hand and 35% loss of the use of his right hand. It also modified the award of temporary total disability to 124/y weeks. The circuit court confirmed this award. This appeal followed.

On appeal, claimant raises one issue, namely, whether the circuit court erred when it held that the Commission’s finding of a causal connection between the industrial accident and the syndrome was against the manifest weight of the evidence.

The following facts are pertinent to our disposition of this appeal. Claimant testified that he was a construction electrician who was employed by respondent on January 7, 1981. On that date, he was climbing a ladder sideways and carrying some tools when he missed a rung and fell, hitting both hands on the tile floor below. Dr. Adeli and Dr. Heatherington treated claimant for his injuries. Dr. Adeli diagnosed a comminuted (crushed into small pieces) fracture of the distal radius, including the distal third “radius [sic],” with dorsal angulation of distal fragments of the left wrist and a comminuted Colles fracture of the right wrist. Dr. Adeli performed a closed reduction and applied short arm Cutter casts to both arms. On January 22, 1981, Dr. Adeli performed another reduction of the right wrist fracture.

Dr. Heatherington saw claimant five times from March 2 to December 18, 1981, and Dr. Adeli saw him seven times from January 30 to November 11, 1981. On March 25, 1981, when Dr. Adeli released him to return to work as of April 6, 1981, claimant still complained of wrist pain and limitation of wrist motion.

Claimant testified that he returned to his regular work duties on April 6, 1981, and was laid off in January 1982. He was called back to work on March 1, 1982, but on April 16, 1982, he ceased working due to severe pain in both wrists and forearms. At this time, Dr. Heatherington referred him to Dr. Steichen, an Indianapolis-based specialist in the treatment of hands.

Dr. Steichen first examined claimant on April 26, 1982, and found some limitation of flexion and extension of both wrists and signs of the syndrome. He placed both wrists in immobilization splints. When the symptoms were not relieved by the splints, Dr. Steichen performed a bilateral carpal tunnel release with external neurolysis of the median nerve on August 20, 1982. On November 10, 1982, claimant informed Dr. Steichen that the carpal tunnel release had relieved his forearm pain but that the pain in his wrists was so severe that he had to wear his wrist splints continuously. After a trial period with a TNS unit, Dr. Steichen referred claimant to Dr. Manders of the Community Hospital Pain Center, where claimant would learn to deal with his pain. Claimant stated that he completed a four-week program at the pain center.

On March 21, 1983, Dr. Manders diagnosed claimant’s condition as a post-traumatic pain syndrome. On July 13, 1983, he reported that claimant had done well at the pain center and that with continuation of the program at home, and with close follow up, he believed claimant would, in time, be able to obtain some type of gainful work. Dr. Manders indicated that a change in vocation might be necessary.

On December 8, 1983, Dr. Steichen said claimant would never be able to return to work on a full-time basis as a laborer or any other position which required the use of the hands and wrists.

On July 19,1984, Dr. Heatherington reported that the manipulation of claimant’s wrists during examination caused severe pain for several days.

At arbitration, claimant stated that he either wears his wrist splints or TNS unit each day, sees Dr. Heatherington regularly, and takes Emperin III for his wrist pain. He stated that he is only able to perform menial household chores, and he is unable to hold up a newspaper while reading it. Claimant testified that he participated in a bowling league, which began in September 1981, but eventually dropped out of it.

On review, the respondent submitted Dr. Adeli’s report of his February 25, 1985, examination of claimant. Dr. Adeli reported that claimant was wearing custom-made fiberglass splints over each wrist, which were removed during examination. Dr. Adeli found very few orthopedic problems, and he believed that claimant’s physician should be consulted for an evaluation. Dr. Adeli felt that claimant should gradually begin to perform light work within his physical limits.

After reviewing claimant’s upper extremities (with the wrist splints removed) at oral argument on June 24, 1985, the Commission ordered an impartial physical examination by a physician selected by the Illinois State Medical Society, as authorized by section 19(c)(1) of the Act. (Ill. Rev. Stat. 1983, ch. 48, par. 138.19(c)(1).) The medical society selected Dr. Peterson, whose report of his August 28, 1985, examination of claimant was admitted into evidence.

Dr. Peterson noted that claimant wore bilateral wrist splints. He found good grip strength and equal reflexes bilaterally, normal dorsiflexion bilaterally, and no significant loss of sensation in the fingers or thumbs bilaterally. Volar flexion was to 45° on the right and to 30° on the left, and supination was to 45° on.the right and to 60° on the left. After viewing X rays, Dr. Peterson’s impression was a malunion of Colles’ fracture, right wrist, with radial deviation, a mild to minimal malunion of the left distal radius shaft fracture, and secondary osteoarthritis of the right radial carpal joint.

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Cite This Page — Counsel Stack

Bluebook (online)
543 N.E.2d 514, 187 Ill. App. 3d 525, 135 Ill. Dec. 131, 1989 Ill. App. LEXIS 1176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roose-v-industrial-commission-illappct-1989.