Westin Hotel v. INDUS. COM'N OF ILLINOIS

865 N.E.2d 342, 372 Ill. App. 3d 527
CourtAppellate Court of Illinois
DecidedMarch 27, 2007
Docket1-06-1728 WC
StatusPublished
Cited by50 cases

This text of 865 N.E.2d 342 (Westin Hotel v. INDUS. COM'N OF ILLINOIS) 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
Westin Hotel v. INDUS. COM'N OF ILLINOIS, 865 N.E.2d 342, 372 Ill. App. 3d 527 (Ill. Ct. App. 2007).

Opinions

JUSTICE GEOMETER

delivered the opinion of the court:

Claimant, Theodores Vakalidis, filed an application for adjustment of claim pursuant to the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 1998)) for injuries sustained while in the employ of respondent, Westin Hotel. An arbitrator concluded that claimant’s injuries arose out of and in the course of his employment. As such, the arbitrator awarded claimant temporary total disability (TTD) benefits of $672.25 per week for 2062/? weeks (see 820 ILCS 305/8(b) (West 1998)), permanent total disability (PTD) benefits of $672.25 per week thereafter for life (see 820 ILCS 305/8(f) (West 1998)), and medical expenses in the amount of $7,112.83 (see 820 ILCS 305/8(a) (West 1998)). The Industrial Commission (Commission)1 modified the average weekly wage used to calculate claimant’s TTD and PTD benefits and reduced the period of TTD benefits, but otherwise affirmed the arbitrator’s decision. On judicial review, the circuit court of Cook County further reduced the average weekly wage used to calculate claimant’s TTD and PTD benefits, but otherwise confirmed. Respondent now appeals, arguing that the admission of a medical report authored by its independent medical expert was hearsay and should not have been considered. In addition, respondent challenges the Commission’s findings with respect to causal connection, the duration of TTD benefits, entitlement to PTD benefits, and medical expenses.

I. BACKGROUND

Claimant began working as a painter for respondent, a hotelier, in 1995, although his employment was not continuous. Each day, claimant would “take care” of eight or nine guest rooms at the hotel. Claimant’s duties also entailed painting the hotel’s kitchens, offices, party rooms, and garages. Claimant’s position required him to lift a four-foot ladder, five-gallon paint cans, and other painting equipment. Claimant alleged that he was injured on October 5, 1998, when he attempted to prevent a supply cart from tipping over. A hearing before an arbitrator on claimant’s application for adjustment of claim commenced on March 2, 2004.

At the hearing, claimant testified regarding the circumstances surrounding his injuries. Claimant explained that on the afternoon of October 5, 1998, he was pushing a cart loaded with paint supplies. Claimant estimated that the cart weighed between 140 and 150 pounds. One of the cart’s wheels dropped about six inches off a sidewalk, causing the cart to roll out of control. In an attempt to restrain the cart, claimant leaned forward, causing his knee to hit the ground, his body to “tense[ ]” and his back to “shock[ ].” Claimant testified that, at the time of the accident, the pain he felt was not “severe,” but that he did experience a “crack” to his lower back and pain to the left knee. Claimant also testified that a few days after the accident, he began experiencing “cutting” and seizure-like sensations to the knee.

Claimant returned to work the day following the accident. At 9 a.m. on October 6, 1998, claimant decided to leave work due to pain. Prior to leaving, claimant reported the accident to a secretary in respondent’s engineering department. Although claimant did not remember the secretary’s name, he did recall telling her that he was injured and that he needed to see a doctor. Claimant denied ever injuring his lower back or his left knee prior to October 5, 1998.

Claimant initially sought medical treatment from Dr. Joseph Giokaris, on October 6, 1998. Claimant told Dr. Giokaris that he was injured at work the previous afternoon while pushing a supply cart that began to tip over. Claimant complained of lower back pain radiating to both thighs. Upon examination, Dr. Giokaris noted tenderness, muscle spasms, and limitation of movement of the lumbar spine and both legs. Dr. Giokaris diagnosed claimant with a lumbar spine strain, bilateral sciatica, and disc herniation. Dr. Giokaris prescribed medications, physical therapy, rest, and a CT scan of the lower back. A few days after the initial visit, claimant told Dr. Giokaris that he had also injured his knee. In response, Dr. Giokaris ordered an MRI of claimant’s left knee. In addition, Dr. Giokaris referred claimant to Dr. James Hill, an orthopaedic specialist. The CT scan of claimant’s back was performed on October 6, 1998, while the MRI of the left knee was taken on October 21, 1998.

Dr. Hill first saw claimant on November 16, 1998. During the initial examination, claimant provided a history of injury occurring on October 5, 1998, while he pushed a cart, stating that the cart twisted and he injured his back. Dr. Hill noted that claimant’s CT scan revealed a focal herniated disc at L4-L5 and L5-S1 and that the MRI of claimant’s left knee suggested a tear of the posterior horn of the medial meniscus. Dr. Hill recommended a program of physical therapy. During later visits with Dr. Hill, claimant’s complaints of pain persisted. As a result, Dr. Hill referred claimant for epidural steroid injections and, subsequently, to Dr. Giri Gireesan, a spinal surgeon.

Early in January 1999, claimant visited Dr. Robert Molloy for the recommended epidural injections. Claimant told Dr. Molloy that he began experiencing low back pain with radiation to the lower extremities following a fall at work in October 1998. Dr. Molloy noted that claimant’s diagnostic films showed a herniated disc at L4-L5 and L5-Sl. Based on claimant’s history, Dr. Molloy administered an epidural steroid injection and instructed claimant to follow up with him in three weeks. On January 28, 1999, claimant returned to Dr. Molloy and reported less than 10% relief of his back pain following the epidural injection. Despite claimant’s report of little relief, Dr. Molloy recommended a second injection. Claimant initially declined the second injection. However, at Dr. Hill’s urging, claimant returned to Dr. Molloy on February 3, 1999. At that time, claimant continued to complain of low back pain with radiation into both lower extremities. Dr. Molloy’s examination revealed muscular type of pulling discomfort with lumbar spine range of motion in all directions. Dr. Molloy also reported diffuse muscle weakness in all muscles of both lower extremities. Based on claimant’s symptoms, the examination findings, and Dr. Hill’s suggestion, Dr. Molloy administered a second epidural injection to claimant.

Dr. Gireesan first examined claimant in March 1999. Claimant told Dr. Gireesan that, as a result of a work-related injury, he was experiencing severe lower back pain as well as occasional cold sensation in both thighs. Dr. Gireesan reviewed claimant’s CT scan, noting a diffused bulging disc at the L4 level. He also ordered an MRI of claimant’s lumbosacral spine area and issued an “off work” slip. Claimant returned to Dr. Gireesan’s office on May 11, 1999, with continued complaints of severe pain in the back area. Upon reviewing claimant’s MRI, Dr. Gireesan diagnosed a bulging disc at the L4-L5 level with somewhat of a central protrusion. Dr. Gireesan opined that claimant’s injury was the result of a work-related injury. Dr. Gireesan recommended claimant undergo a lumbar discography followed by interbody fusion. Claimant asked Dr. Gireesan to discuss these treatment options with Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
865 N.E.2d 342, 372 Ill. App. 3d 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westin-hotel-v-indus-comn-of-illinois-illappct-2007.