Zien v. RETIREMENT BD. OF FIREMEN'S ANNUITY & BEN. FUND OF CHICAGO

603 N.E.2d 777, 236 Ill. App. 3d 499, 177 Ill. Dec. 707, 1992 Ill. App. LEXIS 1674
CourtAppellate Court of Illinois
DecidedOctober 15, 1992
Docket1-91-0484
StatusPublished
Cited by12 cases

This text of 603 N.E.2d 777 (Zien v. RETIREMENT BD. OF FIREMEN'S ANNUITY & BEN. FUND OF CHICAGO) 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
Zien v. RETIREMENT BD. OF FIREMEN'S ANNUITY & BEN. FUND OF CHICAGO, 603 N.E.2d 777, 236 Ill. App. 3d 499, 177 Ill. Dec. 707, 1992 Ill. App. LEXIS 1674 (Ill. Ct. App. 1992).

Opinion

JUSTICE McMORROW

delivered the opinion of the court:

Joel Zien (Zien) appeals from the trial court’s denial of his petition for administrative review of the decision of the Retirement Board of the Firemen’s Annuity & Benefit Fund of Chicago (the Board) that Zien was not entitled to duty-related disability benefits. Because we determine that the evidence of record establishes that Zien sustained a back injury while on duty on August 20, 1987, that has rendered Zien unable to work as a paramedic, we conclude that Zien should have been awarded duty-related disability benefits. Accordingly, we reverse and remand.

The record from the Board’s proceedings with respect to Zien’s application for duty-related disability benefits reveals the following. Zien testified at the Board’s hearing that he had been a firefighter for the City of Chicago since October 1, 1975. He stated that on August 20, 1987, while on duty as a city paramedic, he was transporting a patient on a stretcher down a set of stairs, slipped on the stairs, lost his footing, and was pushed into a corner of the stairway. Zien testified that the stretcher fell against him when he was pushed into the corner. Zien stated that he was able to assist his partner in taking the patient to a nearby hospital. At that time, Zien was examined by medical personnel, who informed Zien that he had acute lumbar strain.

Zien was absent from work on August 20, 1987, to September 8, 1987. He testified that he returned to work, but was off work again on September 15, 1987, because of “unbearable pain.” The record reflects that Zien did not return to work until April 1988. Thereafter, he again went on leave because of back problems on December 2, 1988. Zien did not return to active duty. His application for duty-related disability benefits was filed on November 7, 1989, while he was still employed as a paramedic by the City of Chicago.

The administrative record of the Board’s proceedings contains extensive medical records and reports regarding the course of Zien’s treatment for back pain following the August 20, 1987, incident. Although the parties’ briefs and the Board’s determination do not restate this evidence in detail, and the documents are not provided in a coherent or chronological order in the record, we will summarize the medical treatments received by Zien as reflected in the record.

The record indicates that Dr. Gregory Palutsis, an orthopedic surgeon who treated Zien extensively following his August 20, 1987, accident, determined that Zien had suffered a compression fracture of the Til and T12 vertebrae. For example, from his examination of Zien on September 21, 1987, Dr. Palutsis recorded in his office notes that Zien had pain in the left paraspinal area at the thoracolumbar junction. The physician’s physical examination revealed marked left thoracolumbar muscle spasm, and that Zien’s pain became worse during right side bending and forward flexion. Dr. Palutsis’ review of X rays led him to believe that it was likely that Zien had sustained a mild compression fracture of the T12 vertebra while lifting. The physician recorded his impression as “probable compression fracture T12 also associated with a musculoligamentous injury to the low back.” Dr. Palutsis determined that Zien’s activities should be restricted and that he should not return to work. Dr. Palutsis noted that he anticipated Zien would be fully recovered in four to six weeks.

Dr. Palutsis reached similar conclusions from his examinations of Zien throughout October and November 1987. The physician recorded in his office notes for this period that Zien continued to experience lower back pain and spasms. Dr. Palutsis concluded from these visits that Zien’s “progress is best characterized as being slow, but steady.”

In late November 1987, Dr. Palutsis’ office examination of Zien revealed that Zien was still complaining of mid-thoracic back pain and that Zien was “still showing mild compression of T12.” The physician noted that Zien was still very stiff, that he would bend to his toes very slowly, and that Zien had pain when he came to a standing position. Dr. Palutsis recommended that magnetic resonance imaging (MRI) be undertaken.

The record indicates that the MRI for Zien’s lumbar spine and lower dorsal spine was performed at Evanston Hospital on December 3, 1987. The report of the MRI states that the “T12 vertebra showed no evidence of fractures.” Following the MRI, Dr. Palutsis recorded in his office notes from an examination of Zien on December 11, 1987, that the “MRI is totally normal with no evidence of disc or compressive phenomenon.” Dr. Palutsis remarked that Zien still had significant left paraspinal muscle spasm, and that when Zien bent forward, “his thoracolumbar spine is not moving at all really.” The physician recorded that Zien was beginning to do a little bit more at home, and so the doctor felt that some improvement was being made. However, because Zien’s recovery was taking longer than the usual course, Dr. Palutsis recommended a bone scan, and “an EMG/NCV of his lower extremities.”

According to Dr. Palutsis’ notes following an office examination of Zien on January 11, 1988, the bone scan and test results were normal. The physician noted that Zien’s lower back spasm had improved, his range of motion had increased, and that his overall movements were a little easier. Dr. Palutsis stated that his plan was to start Zien on a swimming and work-hardening program.

Thereafter, based upon Zien’s participation in a work-hardening program, Dr. Palutsis noticed increased improvement in Zien’s condition during his examinations of Zien in February and March 1988. In late March 1988, Dr. Palutsis found that Zien’s lower back pain was “markedly improved.” The physician observed that Zien’s chief complaint was some right buttock pain extending down the thigh, and that Zien had been experiencing this pain for approximately four weeks. Dr. Palutsis recorded that it was his impression that this pain “may have been related to his physical therapy activities.” The doctor’s physical examination of Zien showed that his muscle spasms in the thoracic spine were markedly decreased and that Zien had good range of motion in this area. Dr. Palutsis also noted that Zien was “point tender over the SI joint on the right side” and decided to inject “this trigger point” with steroids to reduce the pain.

On April 27, 1988, following the injection, Dr. Palutsis found that Zien was doing very well and that the “trigger point” that had been injected was “resolved.” The physician noted that Zien’s only complaint pertained to right hamstring pain. Dr. Palutsis determined that Zien should be released to return to active duty and that he would “see him back in about 2 months if there are any residual problems.”

The record reflects that a company entitled Rehabilitation Consultations for Industry, Inc. (RCI), in Oak Brook, Illinois, was retained from January to April 1988 to follow Zien’s progress. The pertinent progress reports of this company, written by Cathy A. Mora, a registered nurse employed by RCI, recorded similar observations to those stated by Dr. Palutsis regarding Zien’s treatments during this period. For example, in her progress report dated March 29, 1988, Mora stated that she met with Zien on March 28, 1988, at Dr. Palutsis’ office.

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603 N.E.2d 777, 236 Ill. App. 3d 499, 177 Ill. Dec. 707, 1992 Ill. App. LEXIS 1674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zien-v-retirement-bd-of-firemens-annuity-ben-fund-of-chicago-illappct-1992.