S&H Floor Covering, Inc. v. Illinois Workers' Compensation Commission

870 N.E.2d 821, 373 Ill. App. 3d 259, 312 Ill. Dec. 377, 2007 Ill. App. LEXIS 631
CourtAppellate Court of Illinois
DecidedFebruary 16, 2007
Docket4-06-0245 WC
StatusPublished
Cited by14 cases

This text of 870 N.E.2d 821 (S&H Floor Covering, Inc. 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
S&H Floor Covering, Inc. v. Illinois Workers' Compensation Commission, 870 N.E.2d 821, 373 Ill. App. 3d 259, 312 Ill. Dec. 377, 2007 Ill. App. LEXIS 631 (Ill. Ct. App. 2007).

Opinions

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

Employer, S&H Floor Covering, Inc., appeals from the February 22, 2006, decision of the circuit court of McLean County that affirmed the October 27, 2005, decision of the Illinois Workers’ Compensation Commission (Commission). The Commission’s decision reversed the findings of the arbitrator as to notice and causal connection and awarded claimant $20,461 in medical expenses, temporary total disability (TTD) in the amount of $500 per week for a period of 163/7 weeks, and $450 per week for a period of 40 weeks, representing 20% loss of use of the right leg. Employer appeals, arguing the claimant did not provide employer with notice of his work-related accident within the 45-day period prescribed by section 6(c) of the Workers’ Compensation Act (Act) (820 ILCS 305/6(c) (West 2004)) and (2) the Commission’s decision that claimant suffered from a work-related accident arising out of and in the course of his employment was against the manifest weight of the evidence. For the reasons that follow, we affirm.

On September 16, 2002, claimant filed two applications for adjustment of claim — one for an accident occurring on July 23, 2001 (No. 02 WC 52682), while working for Cushing Commercial Carpet, and one for an accident occurring on August 2, 2002, while working for employer (No. 02 WC 52683). Claimant’s claims were consolidated and heard before the arbitrator. The arbitrator denied each of claimant’s applications. The Commission affirmed and adopted the arbitrator’s decision with respect to No. 02 WC 52682 but reversed the arbitrator’s decision as to No. 02 WC 52683. The latter is the subject of this appeal.

Before the arbitrator, claimant testified he laid commercial flooring as a member of a union for the past 12 years. Claimant testified he spent most of his workday, approximately five hours, kneeling. In the course of a day, he testified he would ascend from a kneeling position approximately 200 times. In addition, claimant testified he utilized a knee kicker on his right knee. Claimant testified he suffered an injury to his left knee in March 1999, while working for employer. Claimant testified he was treated by his family physician and received workers’ compensation benefits for his injury.

Claimant testified he began working for employer in 1999. However, he was almost exclusively employed by Cushing Commercial Carpets from early 2001 until the end of July 2001, before returning to employer in August 2001. Claimant testified that in August 2001, he began experiencing aching in his right knee that progressively worsened. Claimant testified the pain was bad, but he continued to work, dealing with the pain.

Claimant testified he last worked for employer on August 2, 2002. After work that day, claimant testified he drove to Wichita, Kansas, to install flooring in his nephew’s girlfriend’s home. However, upon arriving in Wichita, claimant testified he was barely able to walk because of pain in his right knee and was not able to begin installation of the flooring for a week. Even then, claimant testified he was unable to finish the installation because of his knee pain. He testified he did not seek medical attention while in Wichita.

Claimant testified he returned to Illinois and saw Dr. Mark Hanson, an orthopedic surgeon, on August 28, 2002. Claimant testified he telephoned Sandy at employer’s office a few days after seeing Dr. Hanson and explained to her he was having knee problems that would require surgery. After knee surgery that was performed on October 29, 2002, claimant testified he still experiences constant pain in his right knee, can no longer kneel, and feels pain when walking. Claimant testified although he had been released to return to work without any restrictions, he has not done so. Claimant testified it is his desire to wait to return to work until his workers’ compensation case is resolved.

Craig Jones, a foreman for Cushing Commercial Carpets, testified he worked with claimant in the summer of 2002. Jones testified he did not have any conversations with claimant regarding any problems claimant was having with his right knee. Jones testified he spoke with claimant via telephone in late September 2002. Claimant told Jones he was not working because he had hurt his knee working on a job for a relative in Tennessee. Jones testified he had seen claimant limp after standing from a kneeling position but that the limping would subside.

John Hunt, owner of employer, testified he saw claimant on August 2, 2002. Hunt testified he gave claimant his paycheck and attempted to persuade claimant to forgo his out-of-state trip and remain in Illinois to continue working. Claimant responded that he was committed to his trip. Hunt then told claimant that work would be waiting for claimant upon his return on August 12, 2002. Hunt testified claimant did not make any claims regarding his knees. Hunt did not speak to claimant again until September 20, 2002. Hunt testified this was the first notice he received that claimant was claiming he suffered a work-related injury. As owner of employer, Hunt testified had claimant notified anyone else in the company of his injury, Hunt would have been informed. During the course of employment, Hunt testified he had seen claimant limp immediately upon standing from a kneeling position.

Chris Schifeling, project manager for employer, testified he spoke to claimant before his trip to Wichita regarding the work claimant would begin on August 12, 2002. Claimant appeared normal and did not appear to limp. Schifeling testified he telephoned claimant on August 11, 2002, to confirm that claimant would indeed be able to work the next day. No one answered the telephone and Schifeling left a voice message. Schifeling testified claimant’s wife telephoned on August 12, 2002. According to Schifeling, claimant’s wife explained claimant would not be able to work “because he was still out of town. He got hurt and could not drive back.”

Kathy Gastineau, claimant’s wife, testified claimant did not suffer from knee problems when they married in 2000. Claimant began complaining of knee pain in 2001. Claimant’s wife recalled speaking with Schifeling on the telephone but did not recall what she had told him other than that her husband was still in Wichita. Claimant’s wife testified that prior to leaving for Wichita, claimant was limping and complaining that his knee was bothering him. She spoke to claimant after he arrived in Wichita. Claimant relayed he could barely walk because of the pain he was experiencing.

Dr. Hanson testified he first saw claimant on August 28, 2002. Dr. Hanson testified claimant presented with a history of knee pain for approximately one year. Claimant told Dr. Hanson he had been in the floor-covering business for 30 years, and the pain was getting worse. An X-ray of claimant’s right knee was performed, and severe arthritis in the medial compartment with loss of the normal valgus alignment and moderal arthritis behind the patella were noted. Dr. Hanson testified he diagnosed claimant with osteoarthritis, medial compartment, and patellofemoral medial compartment. Dr. Hanson prescribed antiinflammatories, Naprosyn, and an unloader brace. In addition, Dr. Hanson recommended claimant use a cane. Dr. Hanson next saw claimant on October 9, 2002. A magnetic resonance imaging (MRI) was performed, which revealed a medial meniscus tear and arthritis.

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Cite This Page — Counsel Stack

Bluebook (online)
870 N.E.2d 821, 373 Ill. App. 3d 259, 312 Ill. Dec. 377, 2007 Ill. App. LEXIS 631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sh-floor-covering-inc-v-illinois-workers-compensation-commission-illappct-2007.