Weyer v. Illinois Workers' Compensation Commission

900 N.E.2d 360, 387 Ill. App. 3d 297, 326 Ill. Dec. 724, 2008 Ill. App. LEXIS 1257
Appellate Court of Illinois·Decided December 16, 2008·No. 1-08-0784WC·Published·Cited by 4 cases

Opinion

JUSTICE ROBERT E. GORDON

delivered the opinion of the court:

Claimant, Patrick Weyer, filed an application for adjustment of claim pursuant to the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2004)), seeking benefits for injuries to his left shoulder and lower back allegedly received while in the employ of respondent, Wagner Heating & Ventilation (Wagner). Following a section 19(b) hearing, an arbitrator, on July 24, 2003, found that claimant suffered an accidental injury on June 3, 2002, arising out of and in the course of his employment with Wagner. In her decision, the arbitrator concluded that claimant’s left shoulder injuries were causally related to a June 3, 2002, work-related accident, but that his lower back condition was not. The arbitrator further found claimant to be wholly and temporarily incapable of work and awarded temporary total disability benefits for the periods of June 4, 2002, to July 15, 2002, and from October 8, 2002, to February 26, 2003, representing 202h weeks TTD in the sum of $885.06 per week, and $779 in medical expenses.

Both parties sought a review of the arbitrator’s decision before the Commission. Claimant received additional medical treatment to his left shoulder, including surgery, while review was pending before the Commission. On December 30, 2004, the Commission affirmed and adopted the arbitrator’s July 24, 2003, decision and remanded the cause to the arbitrator pursuant to Thomas v. Industrial Comm’n, 78 Ill. 2d 327, 329 (1980). Neither party sought judicial review of the Commission’s December 30, 2004, decision.

While review of the initial section 19(b) hearing was pending before the Commission, claimant filed for a subsequent section 19(b) hearing on January 21, 2004, seeking temporary total disability benefits from July 24, 2003, the date of the initial section 19(b) hearing. The cause was heard before the same arbitrator on July 25, 2005. The arbitrator found that claimant failed to meet his burden of proving a causal relationship between his left shoulder condition, as it existed at the July 25, 2005, arbitration hearing, and the June 3, 2002, accident. Claimant sought a review of the arbitrator’s decision before the Commission. On June 25, 2007, the Commission affirmed and adopted the arbitrator’s July 25, 2005, decision. Claimant sought judicial review of the Commission’s decision in the circuit court of Cook County. On February 28, 2008, the circuit court confirmed the Commission’s decision, and this appeal followed. On appeal, claimant argues that (1) the Commission erred by considering the issue of causation at the second section 19(b) arbitration hearing, and (2) the Commission’s finding that claimant’s left shoulder condition, as it existed at the July 25, 2005, section 19(b) hearing, was not causally related to the June 3, 2002, work accident, was against the manifest weight of the evidence. We affirm.

BACKGROUND

The following factual recitation is taken from the evidence presented at the section 19(b) arbitration and review hearings. A review of the facts presented at the initial section 19(b) hearing is necessary for an understanding of the Commission’s July 25, 2005, decision. As noted, petitioner filed an application for adjustment of claim pursuant to the Act, seeking benefits for injuries to his left shoulder and lower back allegedly received while in the employ of Wagner on June 3, 2002.

Since about 1975, claimant has worked as a union sheet metal worker for various employers. In 1997, claimant began working for Wagner as a sheet metal worker. This required claimant to unload sheet metal and duct work, move it around, position it, put it together, and install it. Claimant testified that his work for Wagner required him to lift at least 100 to 150 pounds on a constant basis.

Claimant had lower back and left shoulder problems prior to his June 3, 2002, incident. In addition to injuries from non-work-related activities, claimant had suffered a number of work-related injuries in his employment as a sheet metal worker for various employers and in other factors of his life.

The history of these prior injuries, noted below, is relevant to the issue of causation as treatment for these injuries extended up to the time of claimant’s alleged work-related injuries in this case.

Claimant’s lower back ailments began when he was involved in a motor vehicle accident while serving as a naval officer for the United States Navy, in the early 1970s. As a result of that accident, claimant suffered fractures to his thoracic and lumbar spine. Claimant testified that he was medically treated for one year as a result of the accident, including the use of a back brace. Claimant was also involved in a non-work-related motor vehicle accident on September 13, 1993. Claimant injured his left shoulder and reinjured his lower back at that time and sought ongoing treatment from Dr. Lloyd Blakeman, claimant’s family physician. X-rays performed at the time of the September 13, 1993, accident revealed wedging of claimant’s vertebrae at T12, LI, and L3.

Claimant again injured his left shoulder and his lower back on September 13, 1995, when he fell from a ladder at work for another employer. At this point, Dr. Blakeman referred claimant to Dr. Richard Beaty, an orthopedic surgeon, who diagnosed claimant’s condition as either brachial plexopathy, which means a decreased movement or sensation in the arm and shoulder, caused by impaired function of the brachial plexus (a bundle of nerves that control sensation and movement of the arm), or anterior capsule subluxation, which means an anterior shoulder dislocation. Claimant continued to treat with Dr. Beaty, obtaining physical therapy treatment every four to eight weeks throughout 1996 and 1997.

On July 5, 1997, claimant returned to Dr. Blakeman complaining of left shoulder pain. Dr. Blakeman’s notes indicate that claimant complained of left shoulder impingement through 1999.

On September 2, 1999, claimant reported another work-related accident while working for Que Bar. He sought medical care again from Dr. Beaty that same day. Dr. Beaty diagnosed claimant with a myofascial strain with associated muscle spasm. On September 9, 1999, claimant was released to return to work without restrictions. Claimant continued to work and complained of lower back pain. He underwent an MRI scan, which revealed fractures of the LI and L3 vertebrae with a fragment at L3 impinging on the anterior aspect of the spinal canal. The MRI scan also revealed a small central disc protrusion at L5, SI. Dr. Beatty prescribed a series of epidural injections. The epidurals were administered by Dr. Ira Goodman, a pain specialist. Dr. Goodman authorized claimant to be off work during the administration of the series of injections. A functional capacity examination (FCE) was performed on March 30, 2000, which indicated that claimant was capable of returning to work only with light or medium duty.

On April 13, 2000, claimant reported decreased pain to Dr. Beaty and was released to return to full work duty. In his notes, Dr. Beaty noted:

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Weyer v. Illinois Workers' Compensation Commission, 900 N.E.2d 360, 387 Ill. App. 3d 297, 326 Ill. Dec. 724, 2008 Ill. App. LEXIS 1257 (Ill. Ct. App. 2008).

900 N.E.2d 360 (Weyer v. Illinois Workers' Compensation Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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