Caterpillar Inc. v. Ill. Workers' Comp. Comm'n

2017 IL App (4th) 160386WC-U

CATERPILLAR INC., Appellant, v. THE ILLINOIS WORKERS' COMPENSATION COMMISSION, et al. (Alex Durbin, Appellee).

NO. 4-16-0386WC

APPELLATE COURT OF ILLINOIS FOURTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION

June 7, 2017

NOTICE

This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

Appeal from Circuit Court of Macon County

No. 15MR890

Honorable Albert G. Weber, Judge Presiding.

JUSTICE Harris delivered the judgment of the court.

Presiding Justice Holdridge and Justices Hoffman, Hudson, and Moore concurred in the judgment.

ORDER

¶ 1 Held: The Commission's original decision finding (1) claimant did not sustain an injury arising out of and in the course of his employment and (2) claimant's "bucket handle tear" of the lateral meniscus was not causally related to an accident arising out of and in the course of his employment was not against the manifest weight of the evidence. Consequently, we vacate the circuit court's judgment that reversed the Commission's original decision and remanded the matter back to the Commission with directions; vacate the Commission's decision following the circuit court's remand; reverse the circuit court's order confirming the Commission's decision on remand; and reinstate the Commission's original decision.

¶ 2 On April 18, 2011, claimant, Alex Durbin, filed an application for adjustment of claim pursuant to the Workers' Compensation Act (Act) (820 ILCS 305/1 to 30 (West 2010)), seeking benefits from the employer, Caterpillar Inc. Following a hearing, the arbitrator found (1) claimant failed to prove he sustained an injury to his right knee arising out of and in the course of his employment and (2) claimant's "bucket handle tear" of the lateral meniscus was not causally related to an accident arising out of and in the course of his employment. On review, the Commission issued a decision affirming and adopting the arbitrator's decision. On judicial review, the circuit court of Macon County reversed the Commission's decision and remanded the matter back to the Commission with directions. On remand, the Commission entered a corrected decision ("for clerical error") finding, pursuant to the circuit court's order, (1) claimant proved he sustained an accidental injury arising out of and in the course of his employment and (2) claimant's present condition of ill-being was causally related to the work accident. Accordingly, the Commission awarded claimant 14-4/7 weeks' temporary total disability (TTD) benefits, from June 2, 2011, to September 11, 2011; medical expenses totaling $2,021.29; and 53.75 weeks' permanent partial disability (PPD) benefits representing 25% loss of use of the right leg pursuant to section 8(e) of the Act (820 ILCS 305/8(e) (West 2010)). On judicial review, the circuit court of Macon County confirmed the Commission's decision.

¶ 3 The employer appeals from the order entered by the circuit court on April 27, 2016, which confirmed the Commission's decision following the remand. For the reasons which follow, we reverse the circuit court's order of April 27, 2016; vacate the Commission's decision on remand; vacate the circuit court's order of December 10, 2013; and reinstate the Commission's original decision of December 17, 2012.

¶ 4 I. BACKGROUND

¶ 5 The following facts relevant to our disposition of this appeal are taken from the evidence introduced at an arbitration hearing on November 29, 2011.

¶ 6 At arbitration, the 26-year-old claimant testified he had worked for the employer assembling large trucks for six years. On March 9, 2011, he worked in place of an absentcoworker as an "Operator II." Claimant was positioned on top of a truck "putting the wiring harness on." Claimant described the harness as thick and difficult to turn. Claimant testified he was squatting down and twisting to turn the harness at a corner. When he "kind of stood up," he felt his right leg pop and he felt pain. Claimant climbed down from the truck and spoke to a coworker, John Etychison. At arbitration, claimant called Etychison as a witness. Etychison testified he worked as an Operator I, just below claimant, on March 9, 2011. He had observed individuals in the Operator II position squatting in an effort to install a wiring harness. Etychison testified when claimant climbed down from the truck, he told him "his knee had popped and that it had caused him pain." According to Etychison, claimant had never complained of knee pain until March 9, 2011. Claimant did not report his injury to a supervisor. He testified it was the end of his work shift and he "assumed" his knee would improve. Claimant attended a funeral the following day and did not work. Claimant testified his knee did not improve. Claimant returned to work the next day, on March 11, 2011. He immediately advised his supervisor of his injury and sought medical treatment. He testified his knee was "painful."

¶ 7 Claimant completed an incident report on March 11, 2011, stating he "was working on [Operator 2] in 7945 when my knee popped a couple times." Claimant reported feeling sharp, right knee pain as a result of the incident. He identified "John" as a witness to the incident. Also on March 11, 2011, Nancy Brown, a registered nurse for the employer, completed an "Initial Nursing Assessment." According to the assessment, claimant reported sharp, right knee pain which he rated as 7 out of 10, with a notation to the side which read, "comes-goes." Brown noted further that claimant's "[right] knee popped a couple times on Wed[nesday] while at work but it didn't start hurting right away. States the pain was worse on Thursday and now having problems walking. States he was working on top of truck when pain/pop started. *** States hecan't walk normally; hurts worse to bend it." Brown elevated claimant's leg and applied ice to the knee. He was returned to modified duty with a follow up appointment later that day.

¶ 8 Claimant testified at arbitration that contrary to Brown's notation that his right knee "didn't start hurting right away," he felt immediate onset of pain "as soon as my knee popped."

¶ 9 At claimant's follow-up appointment on March 11, 2011, Jackie Clayton, an advanced practice nurse for the employer, prepared a progress note. According to the progress note, claimant reported injuring his knee on March 9, 2011, at approximately 2 p.m. The nurse recorded claimant's statements as follows: " 'My knee is not right. I did not do anything that I know of to hurt it. It popped a couple of times on Wednesday. I didn't do anything differently. I work on a big truck [and] crawl around.' " Claimant denied previously injuring his right knee. Claimant was returned to work with restrictions of no kneeling or climbing until seen by a doctor.

¶ 10 At arbitration, claimant testified he performed his job on March 9, 2011, as he always had; he did not do anything differently on March 9, 2011. Claimant noted the Operator II position is challenging due to the "squatting all the time and just awkward positions you have to put yourself in to put that harness on."

¶ 11 On March 25, 2011, claimant sought treatment with Thamara Valais, a physician's assistant with claimant's family practice physician, Dr. Pavinderpal Gill. Claimant complained of right knee pain "secondary to an injury he sustained on March 9, 2011[,] while working." According to the treatment note, claimant "typically works climbing up and down onto the trucks and he said on March 9, 2011, while walking, he felt something pop in his knee." He complained of pain "mostly on the lateral aspect of his right knee" and experienced a "bucklingsensation when walking" with worsening pain upon flexion. Claimant requested he be referred to Dr. Jeffery Schopp, a board certified orthopedic surgeon with Springfield Clinic.

¶ 12 In advance of his appointment with Dr. Schopp, claimant completed a patient history on March 30, 2011. Claimant reported right knee pain since March 9, 2011. Claimant stated he "was on top of truck at work, knee popped twice, pain ever since." He had sought treatment with "Caterpillar Medical" but continued to experience pain. He reported pain when walking, when his knee was bent, and when trying to get up after lying down. Claimant experienced pain while working but less pain with restricted duty work. Claimant stated his pain started suddenly. He wrote that "there was no pain in knee before going to work on 3/9/11. There was some discomfort after knee popped at work but pain has gotten worse since."

¶ 13 Claimant first treated with Dr. Schopp on April 4, 2011. Dr. Schopp noted claimant was on top of a truck on March 9, 2011, and "felt two pops in his right knee along the lateral joint line and he had had problems with his knee since that time." Claimant continued to work but experienced swelling and persistent lateral joint line pain. Claimant denied any previous right knee injuries or symptoms. Dr. Schopp recommended a magnetic resonance imaging (MRI) scan of the right knee "to rule out a lateral meniscus tear" and provided claimant with work restrictions.

¶ 14 Claimant returned to Dr. Schopp on April 11, 2011. Dr. Schopp noted the MRI was consistent with a bucket handle tear of the lateral meniscus and recommended surgery. Dr. Schopp performed surgery on June 2, 2011. During the course of surgery, Dr. Schopp determined the meniscus was not repairable and performed a partial meniscectomy.

¶ 15 Claimant underwent a course of physical therapy from July 6, 2011, through August 30, 2011, at Taylorville Memorial Hospital. Claimant reported a work injury on March 9, 2011, in that he "twisted the knee and continued to have pain."

¶ 16 Dr. Schopp returned claimant to full-duty work on September 13, 2011, finding claimant had reached maximum medical improvement.

¶ 17 At arbitration, the arbitrator admitted the transcript of Dr. Schopp's evidence deposition taken ...