Williams v. Industrial Commission

614 N.E.2d 177, 244 Ill. App. 3d 204, 185 Ill. Dec. 43, 1993 Ill. App. LEXIS 357
CourtAppellate Court of Illinois
DecidedMarch 19, 1993
Docket1-91-2954WC
StatusPublished
Cited by10 cases

This text of 614 N.E.2d 177 (Williams 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
Williams v. Industrial Commission, 614 N.E.2d 177, 244 Ill. App. 3d 204, 185 Ill. Dec. 43, 1993 Ill. App. LEXIS 357 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

Claimant Robert D. Williams appeals from an order of the circuit court confirming the finding of the Industrial Commission (Commission) that he failed to prove accidental injuries arising out of his employment under a theory of repetitive trauma. The arbitrator, Herbert Auw, issued his memoranda of decision on November 3, 1988, finding claimant sustained repetitive trauma to his cervical spine while performing his duties as a millwright for respondent and was permanently and totally disabled as of April 23, 1985, and ordering claimant to receive $320 a week for life from respondent. The Commission reversed, finding claimant failed to prove he sustained injuries arising out of and in the course of his employment on April 23, 1985. The circuit court confirmed the Commission’s decision and claimant appeals.

Claimant began working for respondent U.S. Steel Supply Corporation in 1963 and held positions of helper, sheet shear operator and crane operator. Claimant was employed as a crane operator for 9 of the first 10 years he was employed by respondent. As a crane operator, he was required to climb in and out of a crane several times during his shift.

In 1973, claimant began working as a millwright for respondent. His last day of work was April 23,1985.

Claimant testified that part of his job required lifting machine parts that weighed anywhere from 30 to 60 or 70 pounds apiece. He would lift such objects about two times a day and he estimated he would spend approximately 30% of his time on each shift lifting objects of this weight range. He would climb on top of a crane approximately five or six times a day. He would also crawl under certain machinery in order to perform repairs. This crawling would involve lying on his back or stomach and crawling under the machine. He would crawl in such a manner two to three hours per day on a daily or weekly basis. Claimant used 8-, 12-, and 16-pound sledgehammers for two or three hours a day on a daily basis and was required to operate a hydraulic air hammer to break up concrete approximately once every six months.

Claimant utilized various sizes and weights of tools including pipe wrenches, chain saws, sledgehammers and box wrenches. These tools ranged in size from 21k to 24 inches and in weight from 3 or 4 to 15 and 20 pounds. Claimant, who was over six feet tall, testified much of the work he was required to do was in small spaces which caused him to have to contort his body into awkward positions, such as “buckling [my] head,” stooping or bending over. Claimant estimated the spaces in which he was required to work were anywhere from one foot to four feet smaller than he was. Finally, approximately two hours per day would be spent waiting for a job assignment.

He testified that in 1968 he was involved in an automobile accident and suffered a fractured mandible and was out of work for approximately 18 weeks as a result of this accident. In the summer of 1984, he began experiencing charley horses in both of his legs and feet at night after he went to bed. Claimant could not get into a comfortable position to ease the pain. He testified he began making more frequent visits to the health club which helped alleviate this problem. In September or October 1984, claimant began to notice weakness in his right leg after climbing or walking during the day. He continued to visit the health club to gain strength in his legs and ease this weakness and pain. Despite the weakness and pain, claimant continued to work as a millwright and perform all the tasks previously described. Claimant described the weakness in his legs as extending from his thigh all the way through the knee and ending in his calf. In February or March 1985, claimant began having muscle spasms on both sides of his upper back.

Claimant went to Chicago Osteopathic Hospital on April 9, 1985, to seek medical treatment for this weakness and the muscle spasms. The doctors at Chicago Osteopathic told claimant that he should not return to work. Claimant ceased working on April 23,1985.

Claimant was admitted to Chicago Osteopathic Hospital on May 7, 1985, for a series of tests. Claimant was discharged on May 11, 1985, and readmitted on June 17, 1985. On June 24, 1985, claimant was transferred to Rush-Presbyterian-St. Luke’s Hospital by ambulance, where he remained until July 5, 1985. His attending physician, Dr. Walter Whisler, performed surgery on claimant’s neck. Respondent sent claimant to two other doctors, Dr. J. Claro and Dr. David Rozenfeld. Claimant stated he still felt stiffness in his lower back, arms, legs and hands as well as constant pain in his legs, arms, and left shoulder.

On cross-examination, claimant admitted he was suspended from his job for six months in 1983. He clarified the fact that he had a partner who helped him move the office furniture when they were so required. Claimant agreed that he lifted a variety of objects which varied in weight and size and he stated he would not use a sledgehammer regularly and rarely used an air hammer. Claimant admitted there was no single activity he would perform constantly and continually throughout the day.

He testified the first time he notified respondent regarding his condition was upon his first visit to Chicago Osteopathic. Claimant admitted he continued working full days and overtime despite his worsening condition. Finally, claimant admitted he was diagnosed as a diabetic in 1978, recognized he was an alcoholic in 1980 and was in a car accident in 1965 in which he suffered whiplash.

Thomas Gleason testified that from 1980 to 1985 he was the manager of operations for respondent and ran the Chicago district plant. Gleason stated that a millwright was responsible for mechanical repair and preventative maintenance of the equipment at the plant as well as maintenance work on the exterior grounds. Gleason testified there was no particular activity that a millwright would perform on a daily basis. Gleason explained it would be impossible to specify the types and frequency of lifting objects that a millwright would have to do because he believed millwrights were not required to do much lifting. He estimated that less than 5% of a millwright’s time was spent lifting heavy objects. Finally, Gleason testified claimant would not have had to lift an object weighing more than 50 pounds without assistance and that it would be rare for a millwright to use a sledgehammer. Gleason, who was the same height as claimant, testified he had no problems getting in and out of the spaces in which claimant had to work.

The evidence deposition of Dr. Scott A. Kale was taken on August 4, 1988. Dr. Kale was provided with claimant’s medical records from Dr. Claro, Dr. Whisler, as well as those from Chicago Osteopathic Hospital. Dr. Kale opined that claimant suffered from neuromedical' problems related to a C5-C6 herniated disc. Dr. Kale further opined that claimant’s employment activities were associated with his medical problems. Specifically, Dr. Kale explained that in a man of claimant’s age, disease of the neck has one of two origins, congenital or traumatic. Dr. Kale stated that since there was no evidence of congenital disease, the origin of claimant’s disease had to be traumatic. Dr.

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Bluebook (online)
614 N.E.2d 177, 244 Ill. App. 3d 204, 185 Ill. Dec. 43, 1993 Ill. App. LEXIS 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-industrial-commission-illappct-1993.