Vill v. Industrial Commission

814 N.E.2d 917, 351 Ill. App. 3d 798, 286 Ill. Dec. 691, 2004 Ill. App. LEXIS 927
CourtAppellate Court of Illinois
DecidedAugust 4, 2004
Docket1-03-3616 WC
StatusPublished
Cited by2 cases

This text of 814 N.E.2d 917 (Vill 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
Vill v. Industrial Commission, 814 N.E.2d 917, 351 Ill. App. 3d 798, 286 Ill. Dec. 691, 2004 Ill. App. LEXIS 927 (Ill. Ct. App. 2004).

Opinions

JUSTICE HOFFMAN

delivered the opinion of the court:

The claimant, Margaret Vill, appeals from an order of the circuit court confirming a decision of the Industrial Commission (Commission), denying her benefits under the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2002)), for injuries she allegedly sustained while in the employ of the Loyola University Medical Center (Loyola). For the reasons that follow, we affirm.

The following factual recitation is taken from the evidence presented at the arbitration hearing.

The claimant was employed as a security officer at Loyola. Her duties required her to make rounds at Loyola’s medical facility in May-wood, Illinois.

On April 2, 2002, the claimant was scheduled to work from 2 p.m. until 10:30 p.m. According to the claimant, she drove to Loyola in her own car, arriving at Loyola’s parking lot No. 15 at approximately 1:45 p.m. She stated that lot No. 15 is the only parking lot in which security personnel were permitted to park; a fact that was verified by the claimant’s supervisor, Richard Wilson. This particular parking lot was designated for use by Loyola’s employees, visitors to the hospital, and patients.

The claimant testified that lot No. 15 was more crowded than usual when she arrived on April 2, 2002. She chose to park in a space near the administration building where she was to report for work. According to the claimant, the parking space was narrow due to a sports utility vehicle (SUV) which was parked in the space to the left, positioned near the yellow line which separated the two spaces. The claimant testified that, when she parked, there was approximately eight inches between the left side of her vehicle and the SUV and that the distance between her vehicle and the one parked to the right was about six inches.

The claimant stated that, before she attempted to exit her vehicle, she picked up her uniform, belt and lunch from the right front seat. She testified that she then tried to open her car door, but it would only open “half a foot or so, or a foot.” She squeezed out of the vehicle when, in her words, “I twisted my knee, and my foot got caught in like a dent in the floor, in the ground.” When asked why she twisted her knee, the claimant stated, “[b]ecause I had to twist around like this to get out of the door, and I still had all my stuff inside of the car.” She went on to state that she stepped in a crevice in the parking lot and she identified a photo showing a crack in the parking lot surface where she testified that she caught her left foot. According to the claimant, “the ankle twisted and the knee twisted.” On cross-examination, the claimant admitted that she twisted her knee before her foot hit the ground.

The claimant testified that she did not fall to the ground. Rather, she was able to hang on to the side of her car. Although she was feeling “a little bit of pain, but not that much,” the claimant decided to go to work. When she arrived at the administration building, the claimant punched in and attended a scheduled briefing. She did not inform her supervisor of the incident in the parking lot. After the briefing, the claimant was taken by bus to her assigned station where she was to “walk the hospital ensuring everything is okay.”

According to the claimant, her leg started to hurt approximately four hours after she started working. She testified that, when she took off her shoe, she noticed that her leg, foot and ankle were swollen and black and blue in color. Thereafter, the claimant went to Loyola’s emergency room.

Various histories are contained in Loyola’s emergency room records. The initial report states: “Fall in parking lot today.” The nursing flowsheet records the following: “states was getting out of car @ administration building + fell + landed on L knee.” The physician’s record states: “pt. was exiting car today, foot got caught, fell on knee & twisted. Pt. fell out door and hit head on car next door.”

Richard Wilson, the claimant’s supervisor on the day of the incident, testified that, when he learned that the claimant was in the emergency room, he went there to interview her. According to Wilson, the claimant told him that “when she got to work about 1:45, that she stepped out of her vehicle and twisted her knee and hurt her toe.” He testified that the claimant never told him about a crevice in the parking lot. Wilson stated that he completed an “Employee Occurrence Report” in which he wrote that the claimant “step[ped] out of car, twisted knee, hurt middle toe on left foot.”

While at the emergency room, X rays were taken of the claimant’s left leg, knee, and foot. The radiologist reports of those X rays reveal, inter alia: “a[n] oblique fracture of the mid shaft of the third proximal phalanx with minimal overriding of the medial displacement of the fracture fragment” and “small joint effusion.” The claimant testified that she was given “Tylenol 3” for the pain, told to return the following Monday to see Dr. Zaffer, and then released.

The claimant saw Dr. Zaffer as instructed. Dr. Zaffer examined the claimant and diagnosed a fracture of one of her toes and an ankle sprain. He ordered an MRI of the claimant’s left knee, which was done on April 15, 2002. A report of that exam notes the following findings: a tear of the posterior horn of the medial meniscus; a moderate amount of knee joint effusion; a thinning of the lateral patellar cartilage, with degenerative changes of the patellofemoral joint; and degenerative changes with osteophyte formation at the femoral condyle.

Dr. Zaffer informed the claimant that she would require surgery. However, since the surgeon who normally performs the type of operation that the claimant required was on a sabbatical leave, Dr. Zaffer told the claimant to select a surgeon of her choice.

The claimant saw Dr. Boone Brackett, an orthopedic surgeon, on April 18, 2002. The intake report of that visit states that the claimant “fell getting out of car at wk not work related per pt.”

Dr. Brackett operated on the claimant on May 15, 2002. The procedure consisted of an arthroscopic lateral meniscectomy, shaving of the medial and lateral femoral condyles, the removal of large suprapatellar plaquem, and a Baker cystectomy. The postoperative diagnosis was a tear of the lateral meniscus, osteoarthritis of the medial and lateral femoral condyles, and plaquem with a Baker cyst.

The claimant remained off of work from April 3, 2002, until the date of the arbitration hearing on July 15, 2002.

After a hearing held pursuant to section 19(b) of the Act (820 ILCS 305/19(b) (West 2002)), the arbitrator found that the claimant sustained accidental injuries on April 2, 2002, arising out of and in the course of her employment with Loyola. The arbitrator awarded the claimant temporary total disability (TTD) benefits for a period of 145/y weeks and ordered Loyola to pay $26,650.15 for her necessary medical expenses.

Loyola sought a review of the arbitrator’s decision before the Commission. In a unanimous decision, the Commission reversed the arbitrator’s decision and denied the claimant any benefits under the Act.

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Related

Tinley Park Hotel & Convention Center v. Industrial Commission
826 N.E.2d 1043 (Appellate Court of Illinois, 2005)
Vill v. Industrial Commission
814 N.E.2d 917 (Appellate Court of Illinois, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
814 N.E.2d 917, 351 Ill. App. 3d 798, 286 Ill. Dec. 691, 2004 Ill. App. LEXIS 927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vill-v-industrial-commission-illappct-2004.