Swartz v. Industrial Commission

837 N.E.2d 937, 359 Ill. App. 3d 1083, 297 Ill. Dec. 486, 2005 Ill. App. LEXIS 1025
CourtAppellate Court of Illinois
DecidedOctober 4, 2005
DocketNo. 3—04—0800WC
StatusPublished
Cited by14 cases

This text of 837 N.E.2d 937 (Swartz 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
Swartz v. Industrial Commission, 837 N.E.2d 937, 359 Ill. App. 3d 1083, 297 Ill. Dec. 486, 2005 Ill. App. LEXIS 1025 (Ill. Ct. App. 2005).

Opinions

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

On February 11, 2000, decedent, Ernest Swartz, suffered a cardiac event and died while working for employer, Schneider Transport, Inc. On April 13, 2000, decedent’s wife, Pamela Swartz (claimant), filed an application for adjustment of claim pursuant to the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 1998)) seeking compensation for decedent’s death. Following a hearing, the arbitrator found decedent sustained fatal injuries as the result of an accident that arose out of and in the course of his employment. The arbitrator awarded benefits. Employer sought review of the arbitrator’s decision with the Industrial Commission (Commission)1 .

On January 16, 2004, the Commission concluded that claimant failed to prove decedent’s death arose out of and in the course of his employment and reversed the arbitrator’s decision. Claimant sought judicial review in the circuit court of La Salle County and the court confirmed the Commission’s decision. This appeal followed.

Decedent was 53 years old at the time of his death and had worked for employer as an over-the-road truck driver for nearly 30 years. On February 11, 2000, he was driving his truck on a California interstate when he suffered some type of cardiac event. A witness observed decedent’s truck move slowly to the left lane of the interstate and then veer sharply toward the right and off the roadway. The witness stopped to assist decedent and found him unconscious and not breathing. All efforts to resuscitate decedent failed and he died.

Decedent had been traveling approximately 30 miles per hour, at night, in moderate traffic, with a thin layer of snow and slush covering the roadway. There was no indication he tried to prevent his truck from leaving the road or that he attempted to avoid an accident by applying his breaks. An autopsy revealed decedent’s only external injuries were minor superficial abrasions. All of his internal organs were normal, except for his heart, which was markedly enlarged. Additionally, there was severe narrowing of his major coronary arteries in the range of 75% and 90%.

A representative of employer characterized decedent as a good employee whose work performance was excellent. She testified he received an award for safe driving and had driven at least 3 million miles without having a preventable accident. Further, she stated decedent enjoyed driving out West and “frequently asked for loads out that way.”

Both claimant and employer relied on the expert opinions of highly credentialed cardiologists to determine whether decedent’s death was causally connected to his employment. After reviewing decedent’s medical history, each expert found the presence of several risk factors that predisposed decedent to the development of a sudden and unpredictable cardiac event. Such factors included his obesity, diabetes, hypertension, family history of cardiac death, sex, and age.

Claimant’s expert, Dr. Masoor Kamalesh, defined a “cardiac event” as anything that causes a problem with the functioning of the heart. He stated that although the cardiac event causing decedent’s death could have occurred on its own at any time, statistically, it is more likely that it was precipitated by stress. Specifically, Dr. Kamalesh concluded that decedent was under stress because he was driving; however, he conceded that such stress could have been the same type of stress any individual would experience when driving a vehicle. Additionally, he could not quantify decedent’s level of stress immediately prior to his death and stated it would depend upon the decedent’s ability, age, and experience.

The testimony of employer’s expert, Dr. Dan Fintel, was similar, in most respects, to that of claimant’s expert. Dr. Fintel also believed decedent suffered a cardiac event but, unlike claimant’s expert, he did not believe decedent’s driving exposed him to the type of severe stress that could be a causal factor of a cardiac event. Instead, he determined that decedent’s employment bore absolutely no relation to his death and concluded death was inevitable and could have occurred at any time with any activity.

On May 12, 2003, the arbitrator issued a decision finding decedent was fatally injured as the result of an accident arising out of and in the course of his employment. He concluded that, as a truck driver, decedent was exposed to greater levels of stress than that to which the general public is generally exposed. The arbitrator then awarded claimant medical expenses, funeral expenses, and compensation pursuant to section 7(a) of the Act (820 ILCS 305/7(a) (West 1998)). Employer sought review with the Commission.

On January 16, 2004, the Commission concluded decedent’s death did not arise out of his employment and reversed the arbitrator’s decision. Noting the testimony of Dr. Kamalesh, it found no indication that, because of his employment, decedent was under stress greater than that to which the general public is ordinarily exposed. Based upon evidence of decedent’s advanced cardiac disease and his exposure to only minimal stress as described by Dr. Kamalesh, the Commission determined “[i]f there was stress associated with decedent’s driving, *** it was legally insufficient to warrant compensation.” It further stated decedent’s condition was so far advanced that any physical exertion on his part would have been an overexertion. Finally, the Commission adopted the opinions of employer’s expert, Dr. Fintel, to the extent that they diverged with those of Dr. Kamalesh.

On February 6, 2004, claimant filed a petition for judicial review. On October 15, 2004, the circuit court confirmed the Commission’s decision. This appeal followed.

Claimant argues the Commission’s reversal of the arbitrator’s decision was against the manifest weight of the evidence. Specifically, claimant contends she successfully proved the presence of a causal connection between decedent’s employment and the fatal cardiac event that ended his life.

To obtain compensation under the Act, a claimant must prove, by a preponderance of the evidence, that he suffered an injury that arose out of and in the course of employment. Sisbro, Inc. v. Industrial Comm’n, 207 Ill. 2d 193, 203, 797 N.E.2d 665, 671 (2003). For a finding that an injury “arose out of’ employment, the injury must have “had its origin in some risk connected with, or incidental to, the employment so as to create a causal connection between the employment and the accidental injury.” Sisbro, 207 Ill. 2d at 203, 797 N.E.2d at 672. A claimant with a preexisting condition that makes him more vulnerable to injury may obtain compensation under the Act so long as employment was a causative factor of his accidental injury. Sisbro, 207 Ill. 2d at 205, 797 N.E.2d at 672-73.

Whether a causal connection exists between an injury and employment is a question of fact for the Commission to decide, and its decision will not be overturned unless it is against the manifest weight of the evidence. Certi-Serve, Inc. v. Industrial Comm’n, 101 Ill. 2d 236, 244,

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Cite This Page — Counsel Stack

Bluebook (online)
837 N.E.2d 937, 359 Ill. App. 3d 1083, 297 Ill. Dec. 486, 2005 Ill. App. LEXIS 1025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swartz-v-industrial-commission-illappct-2005.