Faruzzi v. The Ill. Workers' Comp. Comm'n

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2024 IL App (1st) 231896WC-U

JERRY FARUZZI, Appellant, v. THE ILLINOIS WORKERS' COMPENSATION COMMISSION et al., (Village of Alsip, Appellee).

No. 1-23-1896WC

Court of Appeals of Illinois, First District, Workers' Compensation Commission Division

May 24, 2024

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 the Circuit Court of Cook County Nos. 2020 L 050472 Honorable Daniel P. Duffy, Judge, Presiding.

JUSTICE HOFFMAN delivered the judgment of the court. Presiding Justice Holdridge and Justices Mullen, Cavanagh and Barberis concurred in the judgment.

ORDER

HOFFMAN, JUSTICE

¶ 1 Held: We affirmed the judgement of the circuit court which confirmed a decision of the Illinois Workers' Compensation Commission, denying the claimant, a firefighter benefits under the Illinois Workers 'Compensation Act (820 ILCS 305/1 et seq. (West 2014)) for coronary artery disease.

¶ 2 The claimant, Jerry Faruzzi, filed the instant appeal from an order of the Circuit Court of Cook County which confirmed a decision of the Illinois Workers' Compensation Commission (Commission) denying him benefits under the Illinois Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2014)). For the reasons which follow, we affirm the judgement of the circuit court.

¶ 3 The following recitation of the facts relevant to a disposition of this appeal is taken from the evidence adduced at the arbitration hearing held on November 28 and 29, 2016.

¶ 4 At all times relevant, the claimant was a firefighter/paramedic employed by the Village. He had been employed in that capacity for more than 28 years, rising to the rank of lieutenant. The claimant's duties as a firefighter/paramedic required him to perform hazardous tasks under emergency conditions, involving strenuous exertion under adverse conditions such as fire, heat, smoke, darkness, and cramped and confined surroundings. He was also subjected to emotional and psychological stress.

¶ 5 The Village's firefighters are required to undergo periodic fitness-for-duty examinations. Prior to January 2015, the claimant underwent 13 such examinations and was found fit for duty. The claimant testified that, prior to 2015, he had no problems with his heart and had not received medical treatment for heart problems. He admitted that he experienced shortness of breath with heavy exertion going back to the summer of 2014 and had experienced palpitations and light headedness. The claimant also admitted that he smoked less than one pack of cigarettes per day for a period of 10 years but had not smoked since 1994. Medical records of the claimant's primary care provider, Dr. Amit Joshi, admitted in evidence reflect that the claimant had high cholesterol levels from 2000 through 2014 and was treated for the condition with Lipitor. Dr. Joshi's records also reflect that, on March 29, 2004, the claimant underwent echocardiography due to chest pains he had experienced one year earlier and recent heart palpations. When the claimant was seen by Dr. Charles Berkelhammer, a gastroenterologist, on April 29, 2011, he reported a family history of heart problems but denied chest pains, shortness of breath, or congestive heart failure.

¶ 6 On January 16, 2015, the claimant was examined by Dr. Terence Moisan, the Village's Medical Director, for a scheduled fitness for duty examination. During that examination Dr. Moisan noted an abnormal EKG and instructed the claimant to see a cardiologist. Dr. Moisan placed the claimant on off-work status.

¶ 7 On that same day, the claimant met with Thomas Styczynski, the Village's Fire Chief, and informed him of Dr. Moisan's instructions. An Illinois Workers' Compensation Form 45 was filled out and signed by Chief Styczynski. The form listed the claimant's injury as "Heart (cardiac) -discovered during yearly physical." The form also stated: "while at yearly physical, Dr. Moisan (co physician) saw unusual activity in EKG and recommended to see a cardiologist for follow up &remain off work."

¶ 8 On January 22, 2015, the claimant was seen by Dr. Yogesh Tejpal, a cardiologist. On January 23, 2015, the claimant underwent cardiac catheterization which proved to be abnormal, and a stent was placed in his right descending artery due to a 95% blockage. The procedure was performed by Dr. Tejpal at MetroSouth Hospital.

¶ 9 After an examination during a follow-up appointment on February 5, 2015, Dr. Tejpal noted that the claimant's cardiovascular examination was fairly normal, and he recommended that the claimant begin cardiac rehabilitation. On February 26, 2015, Dr. Tejpal noted that the claimant had undergone a treadmill stress test, and he was of the belief that the claimant had recovered well from his cardiac procedure. Dr. Tejpal released the claimant to return to work without restrictions and found him to be at maximum medical improvement (MMI).

¶ 10 On March 6, 2015, Dr. Moisan wrote to Dr. Tejpal, inquiring whether the claimant could safely return to duty as firefighter. If Dr. Tejpal was of the opinion that the claimant could return to duty, Dr. Moisan wrote that he would require that the claimant undergo a three-month period of rehabilitation prior to resuming fire suppression duties and would also require that the Village authorize the claimant's return to duty. On March 24, 2015, Dr. Tejpal wrote to Dr. Moisan, stating that he had monitored the claimant's oxygen saturation and respiratory rate and concluded that the results were normal.

¶ 11 The claimant underwent the recommended cardiac rehabilitation in a program at Silver Cross Hospital which he completed on May 18, 2015. On May 29, 2015, Dr. Tejpal once again released the claimant to return to work in a full-duty capacity. On June 13, 2015, Dr. Moisan authored a note setting forth the claimant's increased risk by returning to work as a firefighter and requesting that the claimant, his cardiologist, and the Village all agree to his return to work.

¶ 12 The claimant returned to full-duty work as a firefighter on June 15, 2015. He next saw Dr. Tejpal on June 29, 2015. Dr. Tejpal noted that the claimant had returned to work without any complaints, chest pain, or shortness of breath. On examination, Dr. Tejpal also noted that the claimant's physical examination was normal. Dr. Tejpal diagnosed the claimant with coronary artery disease with a successfully intervened distal coronary lesion. He found that clinically the claimant had done well with no active symptoms of shortness of breath or chest pains. Dr. Tejpal recommended that the claimant continue his exercise and medication regimen and instructed him to return in six months for a stress test.

¶ 13 The claimant testified that, while participating in a training exercise on July 15, 2015, he began to experience shortness of breath. Later that day, the claimant notified the Village, stating that "during the search &rescue drill on 7-15-15 at the training tower I felt shortness of breath." The claimant noted that his shortness of breath lasted throughout the duration of the drill. Styczynski instructed the claimant to see his cardiologist. On July 17, 2015, Dr. Moisan placed the claimant on off-duty status.

¶ 14 When the claimant was examined by Dr. Tejpal on August 11, 2015, he complained of shortness of breath with activity at work. Dr. Tejpal diagnosed the claimant as suffering from dyspnea and coronary disease and recommended that the claimant have a stress echocardiogram. Dr. Tejpal placed the claimant on off-duty status. On August 27, 2015, the claimant underwent the recommended stress echocardiogram.

¶ 15 On September 15, 2015, the claimant was seen by Dr. Joshi. The notes of that visit reflect that the claimant complained of shortness of breath with heavy exertion and exercise. Dr. Joshi recommended that the claimant have a chest X-ray and laboratory tests.

¶ 16 On September 23, 2015, the claimant presented at Palos Community Hospital, complaining of chest pain. An X-ray of the claimant's chest was taken, the results of which were normal.

¶ 17 On September 29, 2015, the claimant was examined by Dr. Marlon Everett, a cardiologist, at the request of the Village. Dr. Everett prepared a written report, identifying the documents he reviewed, and the history provided by the claimant, including the onset of his symptoms and post catheterization rehabilitation. He also noted the claimant's current complaints and symptoms. Dr. Everett examined the claimant and noted one episode of exertional shortness of breath. According to the report, Dr. Everett found that the claimant suffered from coronary artery disease, possibly caused by high cholesterol, tobacco use, and family history. He noted that the claimant's coronary artery disease was unlikely related to his occupation. Dr. Everett found based on his examination that the claimant had not reached MMI.

¶ 18 The claimant was seen on October 15, 2015, by Dr. Kathia Ortiz-Cantillo, a pulmonologist, on referral from Dr. Joshi. Dr. Ortiz-Cantillo noted that the claimant's lung examination revealed good entry and symmetric movement without abnormalities. Finding the cause of the claimant's shortness of breath to be unclear, Dr. Ortiz-Cantillo ordered a six-minute walk test and a pulmonary function study. The ordered studies were performed at Palos Community Hospital on October 23, 2015.

¶ 19 On November 18, 2015, the claimant returned for a follow-up visit with Dr. Ortiz-Cantillo, again complaining of shortness of breath. The notes of that visit reflect that the claimant's physical examination was normal. After reviewing the results of the studies performed at Palos Community Hospital, Dr....