Wagner Castings Co. v. Industrial Commission

609 N.E.2d 397, 241 Ill. App. 3d 584, 182 Ill. Dec. 94, 1993 Ill. App. LEXIS 230
CourtAppellate Court of Illinois
DecidedFebruary 25, 1993
Docket4-92-0065WC
StatusPublished
Cited by28 cases

This text of 609 N.E.2d 397 (Wagner Castings Co. 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
Wagner Castings Co. v. Industrial Commission, 609 N.E.2d 397, 241 Ill. App. 3d 584, 182 Ill. Dec. 94, 1993 Ill. App. LEXIS 230 (Ill. Ct. App. 1993).

Opinion

JUSTICE WOODWARD

delivered the opinion of the court:

The claimant, Norbert Pierceall, appeals from an order of the circuit court of Macon County, reversing an award of benefits to him by the Illinois Industrial Commission (Commission) and against the employer, Wagner Castings Company. The issue on appeal is whether the decision of the Commission is against the manifest weight of the evidence.

At the arbitration hearing, claimant testified that he was 59 years of age and had worked for the employer from February 1964 until October 1, 1985. His last day at work was September 10, 1985. Initially, he worked as a laborer in the malleable foundry area. He described the noise in that area as constant from the molding machines and the vibrators on the hoppers. He did not wear any ear protection. In June 1964, he began working as a millwright in the maintenance department in the malleable foundry. His job consisted of maintaining, repairing and constructing all plant equipment and required him to work in all areas of the plant. Except for nine months in 1977 when he worked as a grinder in the ductile foundry, he stayed in the malleable foundry until 1980 when he was transferred to the ductile foundry. Claimant also hunted on a seasonal basis.

Claimant testified that during the period of time he was assigned to the malleable foundry he worked near an area called the “sprew chute” or “sprew balcony.” That area was located at the center of the malleable foundry. Workers would break the sprews from the castings with hammers, and the sprews would be thrown down chutes into hoppers and would then periodically be picked up to run through the system again. Claimant would work in the area where the hammers were used whenever the machinery broke down; he would be anywhere from 5 to 25 feet away from the hammers. Many times he was only five feet away. He described the noise level as a very loud din, consisting of the sounds of six hammers continually hammering on metal, two 300-horsepower motors and cleaning machinery. Depending on what needed repair, he could be in the area anywhere from a few minutes to four or five hours at a time. Between 1964 and 1980, there were times when he spent as much as a day or more in that area. He also worked many times within a 25-foot radius from the bottom of the chute. It was even louder there than up in the balcony. On an average, he spent less than an hour’s time there doing a repair.

Claimant further testified that he also repaired equipment in the reclaim grinders, salvage grinders and the snag grinders areas. While he would be repairing one of the reclaim grinders, another would be grinding approximately three feet away. A repair might take three days to a week to complete. In doing repairs in that area, he was within five or six feet of the grinder. A repair job in that area was usually less than a day because the machine was not used as much. In the snag grinder area, he worked within five or six feet of an operating grinder. A repair in that area usually lasted more than a day because machines had to almost be rebuilt, taking at least 21/a to 3 days to complete.

Claimant also testified that he also did repairs near the cooling shaker in the heat treat department. Castings would be brought from nearby ovens and dumped into the two cooling shakers, which would shake down the castings until they were on one level. Once castings were dropped into the shakers, one could not have a conversation with someone standing a foot away. When the blowers were on, it was worse. At times, claimant had to work within two feet of a shaker while it was in operation. The work would often take more than one day. Sometimes he would spend months rebuilding an oven which was within five feet of the shaker. He also worked near the type-flask molding machines. The sound created was that of metal hitting metal and created a very loud jolting noise. Often claimant would have to “jolt” the machine himself to make sure it was operating properly. There was a three-foot area between machines. Often he would be repairing one machine while another one was in operation. Usually, a repair took only a few hours.

Claimant further testified that prior to 1975 he wore no ear protection. In 1975, the employer provided Swedish cotton which he would use in areas where there was a lot of noise. It was not mandatory to wear the Swedish cotton. Later, the company replaced the Swedish cotton with sponge-rubber plugs. Claimant could not recall the year in which this occurred. He did not recall anyone instructing him on how to use the sponge-rubber plugs, but there were instructions on the package they came in. Claimant could not recall what year the sponge-rubber plugs became mandatory, but he recalled using the sponge-rubber plugs in 1979 and 1980. He was disciplined once in 1982 for not wearing ear protection.

Claimant further testified that during 1977 he worked as a grinder inspector in the ductile foundry. The noise source was the same from the grinders in the ductile foundry as from the grinders in the malleable foundry. He worked around the grinders eight hours a day. He wore the Swedish-cotton ear protection.

Claimant further testified that from 1980 to 1985 he worked as a millwright out of the ductile maintenance shop located in the center of the ductile foundry. The shop was open at the top. The grinders were 200 feet away; however, close by were automatic molding machines, and in one corner of the maintenance shop were the sand mullers. The mullers were run by a 300-horsepower motor and never shut down so the noise was continuous. Claimant worked within 20 feet of the sand mullers approximately eight hours a day. According to claimant, you had to raise your voice above any sort of conversation level to be heard. Occasionally, he would leave the ductile maintenance area and work near a sprew table in the ductile foundry. Claimant explained that while the process is the same, the iron in the ductile foundry is tougher than in the malleable foundry and, as a result, it takes more strikes with the hammer to break the iron but produces the same type of noise. However, because the malleable foundry was a confined area, the noise was louder there.

Claimant further testified that when he first was assigned to the ductile maintenance shop, he was not required to wear ear protection in the shop itself. By 1983, ear protection was required in all areas of the plant. Prior to 1983, claimant wore ear protection if he was in a loud-noise area, including the maintenance shop. On occasion while he was doing repairs, he would have to remove the ear protection in order to listen to the machine, and other machines might be operating at the same time. At most he would have the earplugs out for 10 to 15 minutes.

Claimant further testified that prior to 1980, he had not experienced any problems with his hearing. During the 1980’s, he began having difficulty distinguishing words and numbers. He also noticed ringing sounds in both ears. Until 1985, his hearing problems seemed to get worse. Since 1985, there has been no change in his hearing.

On cross-examination, claimant testified that, while he was assigned to the malleable maintenance shop, most of his work assignments took him outside of the shop. He would wear ear protection when available, but he did not recall ear protection being available as early as 1970.

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Bluebook (online)
609 N.E.2d 397, 241 Ill. App. 3d 584, 182 Ill. Dec. 94, 1993 Ill. App. LEXIS 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagner-castings-co-v-industrial-commission-illappct-1993.