USF Holland, Inc. v. Industrial Commission

829 N.E.2d 810, 357 Ill. App. 3d 798, 293 Ill. Dec. 885, 2005 Ill. App. LEXIS 426
CourtAppellate Court of Illinois
DecidedMay 11, 2005
Docket1-04-1848 WC
StatusPublished
Cited by14 cases

This text of 829 N.E.2d 810 (USF Holland, Inc. 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
USF Holland, Inc. v. Industrial Commission, 829 N.E.2d 810, 357 Ill. App. 3d 798, 293 Ill. Dec. 885, 2005 Ill. App. LEXIS 426 (Ill. Ct. App. 2005).

Opinion

JUSTICE CALLUM

delivered the opinion of the court:

I. INTRODUCTION

Claimant, Lawrence Baker, filed an application for adjustment of claim under the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2002)) for injuries he sustained while working for employer, USF Holland, Inc. Following a hearing on claimant’s section 19(b) petition (820 ILCS 305/19(b) (West 2002)), the arbitrator awarded claimant 17sh weeks’ temporary total disability (TTD) benefits and $4,095.49 in medical expenses, and ordered employer to authorize and pay for surgery. The Industrial Commission 1 (Commission) modified the arbitrator’s decision, awarding claimant attorney fees under section 16 of the Act (820 ILCS 305/16 (West 2002)) and penalties under sections 19(k) and (1) of the Act (820 ILCS 305/19(k), (1) (West 2002)). It otherwise affirmed and adopted the arbitrator’s decision and remanded the cause pursuant to Thomas v. Industrial Comm’n, 78 Ill. 2d 327, 332-35 (1980). The trial court confirmed the Commission’s decision, and employer timely appealed.

II. BACKGROUND

An arbitration hearing was held on March 3, and 17, 2003. Claimant testified that he worked as an over-the-road truck driver for employer out of its Joliet terminal. On November 14, 2002, claimant reported to work at employer’s Romulus, Michigan, terminal. He punched in and noticed that his vehicle inspection (VIN) book was missing. Claimant wanted to review the book entries to ensure that a truck leak had been repaired. He asked a female employee where he could locate the book, and she stated that it was possibly located in the shop.

Claimant asked a “yard guy” where the shop foreman’s office was located. As claimant opened the door to the shop building and walked through the door, the toe area of his left boot caught on a piece of tin that covered the concrete threshold, and he fell. Claimant’s left palm and left shoulder struck the ground. Claimant stood up and walked to the shop foreman’s, Mike McKee’s, office. According to claimant, he reported his fall to McKee and informed him that he was going to complete an accident report. In the report, claimant wrote that he fell because he did not see the “small step up” and caught his left toe.

The line haul supervisor, Sean Brooks, drove claimant to Concentra Medical Center. A physician instructed claimant to refrain from working that evening and to drive home the following day. He also ordered claimant to refrain from lifting, pulling, or pushing. On the morning of November 16, 2002, claimant drove back to Joliet and parked his tractor. He drove himself home and stayed in bed the entire weekend. Claimant noticed that his neck, left shoulder, and arms hurt, and he felt a burning sensation in his palms.

On November 18, 2002, claimant attempted to contact his family doctor, Dr. Robert Heins, in Pontiac, but he was out of town. Claimant then called his terminal manager, Jim Martin, who instructed claimant to seek care at the company clinic, Medworks, in Joliet. At Med-works, claimant saw Dr. Tim Burke, who diagnosed cervical strain and arm/shoulder sprain. Claimant received treatment at Medworks between November 18, and December 16, 2002. Dr. Burke also prescribed physical therapy, performed range-of-motion testing, and imposed a 25-pound lifting restriction. According to claimant, he contacted Martin to inquire about work within his restrictions, but was informed that none was available.

Claimant also sought treatment with Dr. Lawrence Li, an orthopedic surgeon. Dr. Li diagnosed a SLAP lesion, a partial tear of the supraspinatus and infraspinatus tendons, and a possible rotator cuff tear. He recommended surgery and took claimant off of work “until surgery.” As of the hearing date, claimant had not undergone surgery.

Addressing prior injuries, claimant testified that, in 1997, he sustained a neck injury when his truck seat malfunctioned. He was off of work for 10 months following the injury and then returned to work for employer in 1998. Thereafter, claimant experienced no problems with his neck or left shoulder until his November 2002 accident.

Claimant further testified that there were two signs on the shop door that claimant entered. One sign read “SMOKING IN DESIGNATED AREAS ONLY,” and the other read “RESTRICTED AREA UNAUTHORIZED PERSONS KEEP OUT.” Claimant was unaware if line haul drivers were permitted to enter the shop area. He conceded that, ordinarily, drivers don’t have to go to the maintenance facility to retrieve their books and paperwork and that he took it upon himself to go look for his book. The “yard guy” told him he could find the shop foreman’s office in the shop. No managerial employee told claimant that he could enter the shop area. Photographs admitted into evidence reveal a four-inch high concrete threshold below the shop door, over which is affixed a metal strip. In one photograph, a pen is . inserted between the strip and the concrete.

Michael McKee, employer’s Romulus terminal supervisor, second shift, testified that he runs the repair and service garage. On November 14, 2002, claimant walked into McKee’s office and informed him that he stumbled as he walked through the shop door and that he was looking for his VIN book. According to McKee, when line haul drivers are found in the shop, they are asked to leave. McKee agreed that the sign on the door did not indicate that a line haul driver is an authorized person and stated that there was no written policy or notice indicating that line haul drivers were prohibited from entering the shop. He conceded that line haul drivers, on occasion, do enter the shop.

Sean Brooks, a supervisor with employer in Detroit, testified that claimant reported his accident to him. Brooks informed claimant that he was required to be examined at the company clinic. Claimant initially refused, stating that he needed time to think about it. Brooks noticed that claimant was clenching his fist. In the accident report, Brooks wrote that claimant was going into the shop, didn’t see the step, and tripped. He explained that he took claimant’s version of the events and wrote them into the report. Brooks explained that, ordinarily, the VIN book would be in his possession prior to the time a truck leaves. In this case, the book should have been on the dashboard of claimant’s tractor.

Finding that the risk posed to claimant by the tin piece on the four-inch concrete shop doorway threshold on employer’s premises was peculiar to claimant’s employment and not common to the general public, the arbitrator found that claimant’s injury arose out of and in the course of his employment with employer. The arbitrator further noted that claimant entered the shop while looking for the VIN book, which he needed to properly perform his work duties. Finding the claimant’s condition was causally related to his work injuries, the arbitrator awarded claimant Ylzh weeks’ TTD benefits and $4,095.49 in medical expenses, and ordered employer to authorize and pay for the surgery prescribed by Dr. Li.

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Bluebook (online)
829 N.E.2d 810, 357 Ill. App. 3d 798, 293 Ill. Dec. 885, 2005 Ill. App. LEXIS 426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/usf-holland-inc-v-industrial-commission-illappct-2005.