Village of Homewood v. Industrial Commission

525 N.E.2d 990, 171 Ill. App. 3d 852, 121 Ill. Dec. 683, 1988 Ill. App. LEXIS 810
CourtAppellate Court of Illinois
DecidedJune 8, 1988
DocketNo. 1-87-2494WC
StatusPublished

This text of 525 N.E.2d 990 (Village of Homewood 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
Village of Homewood v. Industrial Commission, 525 N.E.2d 990, 171 Ill. App. 3d 852, 121 Ill. Dec. 683, 1988 Ill. App. LEXIS 810 (Ill. Ct. App. 1988).

Opinion

JUSTICE WOODWARD

delivered the opinion of the court:

Claimant, Sherry Malum, filed an application for adjustment of claim, alleging injuries sustained in her employment on March 8, 1978. The arbitrator found that she was temporarily totally disabled for a period of 184/? weeks and that petitioner, Village of Homewood, was liable for payment of medical services up to July 18,1978.

On review, the Industrial Commission held that claimant was temporarily totally disabled for a period of 1013h weeks, entitled to $53,718.55 in medical expenses, and permanently disabled to the extent of 40% of a person under section 8(d)2 of the Workers’ Compensation Act (111. Rev. Stat. 1985, ch. 48, par. 138.8(d)(2)). The circuit court of Cook County confirmed the Commission’s decision, and this appeal followed. We affirm.

On appeal, the petitioner argues that the manifest weight of the evidence does not support the following: (1) claimant’s condition of ill-being was causally connected to the incident of March 8, 1978; (2) claimant was disabled for a period of lOl3/? weeks; (3) the medical bills totaling $53,718.55 were reasonable and necessary; and (4) the claimant was permanently disabled to the extent of 40% of the person as a whole.

On March 8, 1978, claimant was working for the petitioner as a radio dispatcher. One of her job responsibilities was to search female subjects who had been arrested and brought into the Homewood police station. At approximately 4 a.m., claimant was ordered to search a female offender, arrested for driving under the influence. No police officers were present in the room where the search was to take place. The woman refused to be searched and shoved claimant several times against a door. The offender then threw claimant over a chair, the arm of which struck the latter’s tailbone. Claimant landed on her knees and hands and the left side of her head slammed into a wall. Police officers then entered the room and subdued the subject.

Claimant was admitted to South Suburban Hospital the following day complaining of headaches, light-headedness, nausea, and chest contusions. She remained hospitalized until March 24, 1978. On March 29, 1978, claimant was rehospitalized for continuing complaints regarding head, neck, and chest pain to April 11, 1978. She was placed under medication and received physical therapy to her head and cervical spine.

During this second hospitalization, Dr. William Padamadan, claimant’s treating physician, asked Dr. William Schmidt, a neurosurgeon, to examine claimant. Dr. Schmidt diagnosed her condition as post-concussion syndrome.

Following her April 11, 1978, discharge, claimant remained off work and under the care of Drs. Schmidt and Padamadan. She received physical therapy, including ultrasound to her head, chest, and neck. Claimant also received nerve block injections in the temple for headaches, nausea, and dizziness.

She was rehospitalized on April 14, 1978, through May 6, 1978, and from May 19, 1978, through May 25, 1978, for the same persistent complaints. She returned to work from July 17, 1978, to July 21, 1978, but was unable to perform her duties satisfactorily. While at work, she experienced severe headaches, trouble even sitting because of tenderness in her tailbone, numbness in her legs, and aching in her shoulders. Dr. Padamadan ordered that she remain off work and reenter the hospital on July 27,1978.

On January 22, 1979, Dr. Schmidt performed an anterior fusion on claimant’s cervical spine. In June 1979, claimant returned to petitioner’s employment, working limited hours as a radio dispatcher. During work, she experienced continuing problems with tingling sensations in her hands and arms, along with neck and head pain.

In September 1979, claimant was readmitted to the hospital, complaining of numbness and tingling in her upper extremities and hands. Dr. Ramesh Adiga, a peripheral vascular surgeon, diagnosed claimant as having thoracic outlet syndrome, which he subsequently determined to be a secondary effect of claimant’s cervical spine problems. After conservative therapy failed to alleviate the symptoms, surgery was performed to remove one rib and resection another. Following this surgery, claimant did not return to work for petitioner.

Initially, petitioner urges that the record shows no causal connection between claimant’s continuing complaints of ill-being and the March 8, 1978, incident. We note that the burden is on a claimant to prove that an injury was causally related to her employment. (Newgard v. Industrial Comm’n (1974), 58 Ill. 2d 164.) In determining whether the claimant has met her burden of proof, the Commission is not bound by the arbitrator’s findings and may properly determine the credibility of the witnesses, weigh their testimony, and assess the weight to be given to the evidence. (Rambert v. Industrial Comm’n (1985), 133 Ill. App. 3d 895.) A reviewing court may only overturn the Commission’s factual determinations when they are against the manifest weight of the evidence. Berry v. Industrial Comm’n (1984), 99 Ill. 2d 401.

In support of this first issue, petitioner argues the following:

Prior to the March 8, 1978, incident, claimant made numerous complaints to treating physicians concerning her health. Those complaints included dizziness, light-headedness, headaches, tunnel vision, problems swallowing, stomach pain, and tingling and numbness in her upper extremities. Subsequent to the March 8, 1978, incident, her initial complaints were much the same as her prior complaints, e.g., dizziness, light-headedness, nausea, and vomiting. After the numerous surgical procedures, the last of which occurred on September 10, 1980, the claimant still complained of headaches, numbness in her arms and hands, pain in her neck and shoulders. Petitioner asserts that claimant’s condition was substantially the same prior to the injury as following it.

Dr. Arieff, who examined claimant at the petitioner’s request, was the only psychiatrist to testify in this matter; he stated that claimant’s problems were mental, not physical. Dr. Arieff opined that her problems started long before the injury on March 8, 1978, and that there was no evidence the assault aggravated any organic conditions. Dr. Marshall Matz, a board-certified neurosurgeon who examined claimant twice at petitioner’s behest, diagnosed her subjective complaints as being hypochondriacal or psychological in nature and not related to any organic or neurological problems. He thought that all her symptoms were due to an underlying emotional problem that had led to a repetitious multitude of subjective complaints. Dr. James Milgram, a board-certified orthopedic surgeon, also examined the claimant at petitioner’s request. He reviewed the hospital records and medical treatments and found no objective evidence of any injuries whatsoever. Also, claimant’s treating physicians, Dr. Padamadan and Dr. Chavez, noted her psychological problems and the lack of objective findings to support claimant’s subjective complaints.

In finding that a causal relationship exists between claimant’s conditions of ill-being and the injuries sustained on March 8, 1978, the Commission based its decision on the testimony of Drs. Schmidt and Adiga. At the arbitration hearing, Dr. Schmidt had testified that in his opinion such a causal relationship did exist. However, in reaching this opinion, Dr.

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Related

Berry v. Industrial Commission
459 N.E.2d 963 (Illinois Supreme Court, 1984)
Newgard v. Industrial Commission
317 N.E.2d 524 (Illinois Supreme Court, 1974)
Rambert v. Industrial Commission
477 N.E.2d 1364 (Appellate Court of Illinois, 1985)
Board of Education v. Industrial Commission
416 N.E.2d 237 (Illinois Supreme Court, 1981)

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525 N.E.2d 990, 171 Ill. App. 3d 852, 121 Ill. Dec. 683, 1988 Ill. App. LEXIS 810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-homewood-v-industrial-commission-illappct-1988.