Weir v. Ill. Workers' Comp. Comm'n

2017 IL App (5th) 160077WC-U

ROBERT WEIR, Appellant, v. THE ILLINOIS WORKERS' COMPENSATION COMMISSION et al.(Cerro Flow Products, LLC, Appellee).

NO. 5-16-0077WC

APPELLATE COURT OF ILLINOIS FIFTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION

June 8, 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 the Circuit Court of St. Clair County.

No. 15-MR-225

Honorable Robert P. LeChien, 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: (1) The Commission's finding that claimant's condition of ill-being after September 30, 2008, was not causally related to his work accident was not against the manifest weight of the evidence; and (2) given the Commission's conclusion regarding causal connection, its decisions to limit medical expenses to those incurred through September 30, 2008, to terminate TPD benefits, and modify PPD benefits, were not against the manifest weight of the evidence.

¶ 2 On August 18, 2008, claimant, Robert Weir, filed an application for adjustment of claim pursuant to the Workers' Compensation Act (820 ILCS 305/1 to 30 (West 2006)), seeking benefits from the employer, Cerro Flow Products, LLC. Following a hearing, the arbitrator de- termined claimant sustained an accident on July 18, 2008, which arose out of and in the course of his employment, and that his current condition of ill-being was causally related to that accident. The arbitrator awarded claimant 19-3/7 weeks temporary partial disability (TPD) benefits, from July 6, 2010, to November 18, 2010, medical expenses totaling $55,763.48, and 62.5 weeks permanent partial disability (PPD) benefits for a 12.5% loss of use of the man as a whole.

¶ 3 On review, the Workers' Compensation Commission (Commission) found claimant's current condition of ill-being not related to his July 18, 2008, work accident. Accordingly, the Commission vacated the arbitrator's award of TPD benefits (referenced as temporary total disability (TTD) benefits in the Commission's decision) and medical expenses. The Commission reduced the arbitrator's award of PPD benefits to 7.5% loss of use of the man as a whole. On judicial review, the circuit court of St. Clair County confirmed the Commission's decision. Claimant appeals, arguing the Commission's finding that his condition of ill-being after September 30, 2008, was not causally related to his work accident was against the manifest weight of the evidence. We affirm and remand.

¶ 4 I. BACKGROUND

¶ 5 At arbitration, the 66-year-old claimant testified he had worked for employer as a maintenance worker for 25 years. Claimant injured his low back on July 18, 2008, while attempting to repair a bundle loader at work. Claimant testified a large plate weighing 60-70 pounds fell to the floor. Claimant bent over the piece and attempted to lift the plate. Claimant testified "something popped" in his back, he felt pain, and could not move.

¶ 6 On the day of his accident, claimant sought treatment at Midwest Occupational Medicine. He provided the medical provider a history of his work accident, stating he attempted to lift a plate weighing 30-40 pounds and "felt acute and sudden pain in his low back." Claimantcomplained of low back pain, mostly on his right side. He denied any radiation of pain into either leg. He was diagnosed with acute lumbosacral strain to the low back and prescribed Motrin and compresses. Claimant was returned to work the following day with restrictions including "no stooping, standing, or prolonged walking, no running and no lifting greater than 5 pounds."

¶ 7 Claimant returned to Midwest Occupational Medicine on July 22, 2008. He reported "an occasional catch in his back" but did not have pain in the night and "actually felt better this morning." Claimant was to begin back strengthening exercises and continue the use of ibuprofen and moist heat on his back. He was to work as tolerated, with no bending, lifting, or climbing.

¶ 8 Claimant continued treatment with Midwest Occupational Medicine on July 28, 2008. Claimant reported pain down both legs and in the center of his back. He reported using ibuprofen and moist heat, and completing his exercises. He had been tasked with "dusting things" at work. Claimant underwent a lumbar spine series which appeared negative for fracture, subluxation, or other bony abnormalities. Claimant was diagnosed with low back strain and instructed to continue his use of ibuprofen and moist heat, and to complete the back strengthening exercises. Claimant was returned to work with the same restrictions, no bending, lifting, or climbing.

¶ 9 On August 11, 2008, claimant returned to Midwest Occupational Medicine. He complained of an occasional "catch" in the right mid-lumbar area. He reported he took an "occasional ibuprofen," did not use moist heat, and did not do his back strengthening exercises. The physician's assistant diagnosed claimant with resolving low back pain and emphasized the importance of claimant completing his back strengthening exercises. Claimant was returned to full-duty work.

¶ 10 Claimant returned to Midwest Occupational Medicine on September 9, 2008. He complained of pain in his upper right lumbar area when he did a lot of lifting or was on his feet for a long time, but that he did not have constant pain. The medical notes show a diagnosis of low back pain. Claimant was referred to physical therapy for three weeks and provided a small back support to be worn while working.

¶ 11 Claimant last treated with Midwest Occupational Medicine on September 30, 2008. Claimant reported pain only when working. The multiple treatment professionals involved in claimant's care agreed there was a "lack of physiologic evidence of disease here." Dr. Brian Ruiz, an internist, noted he observed "no swelling, bruising, or any abnormalities." He further noted a "[l]ack of physical evidence to verify subjective complaints." With a finding of "nothing physical *** requir[ing] treatment," he discharged claimant from Midwest's care.

¶ 12 The record also shows a course of treatment with Dr. Justin Huynh, an internist practicing with Washington University Physicians. On August 8, 2008, claimant sought follow up medical treatment with Dr. Huynh following prostate and colon tests. Claimant reported having "some back pain" and occasional pain shooting down his legs bilaterally following a work accident three weeks earlier, on July 18, 2008. Claimant reported taking ibuprofen for one week following the accident. Dr. Huynh noted the back pain was resolving and prescribed nonsteroidal anti-inflammatory pain relievers as needed.

¶ 13 Claimant sought additional follow up with Dr. Huynh on October 6, 2008, related to an episode of rectal bleeding two months earlier. Dr. Huynh noted claimant had low back pain following a work accident but the pain was resolving with "no current worrisome [signs or symptoms]."

¶ 14 Claimant next sought treatment with Dr. Huynh on March 16, 2009, for an evaluation of back pain. He had last treated with Dr. Huynh five months earlier. Claimant reported back pain which worsened at work and pain radiating from his back down both legs, right worse than left. Dr. Huynh's impression was chronic low back pain, likely sciatica, and bilateral radicular neck pain. He referred claimant for physical therapy and x-rays of the lumbar spine. Claimant did not attend physical therapy.

¶ 15 Claimant returned to Dr. Huynh the following month, on April 15, 2009, reporting he had experienced neck and back pain for several months. Claimant reported his low back pain did not bother him until he started working. He complained of radiating pain down his right leg and occasionally his left leg while walking. Claimant reported heavy lifting produced severe pain in his back that went down into his leg. Dr. Huynh reviewed the March 16, 2009, x-ray films of the lumbar spine. The x-rays revealed mild degenerative disc disease at L4-5 and minimal spondylolisthesis at L3-4. Dr. Huynh noted claimant likely suffered a mild radiculopathy with pain into the legs, right greater than left, and again prescribed nonsteroidal anti-inflammatory pain relievers as needed and physical therapy. The record shows claimant underwent a course of physical therapy at the Rehabilitation Institute of St. Louis from May 1, 2009, to May 29, 2009.

¶ 16 Claimant next sought treatment with Dr. Huynh on October 22, 2009. He had last treated with Dr. Huynh six months earlier. Claimant complained of low back pain, neck pain, and hand pain. Claimant reported that his low back pain had worsened over the last several months with pain now radiating to his left leg and into his foot. Dr. Huynh diagnosed claimant with mild degenerative disc disease and radiculopathy with low back pain. Dr. Huynh recom-mended claimant have a lumbar spine magnetic resonance imaging (MRI) scan, which claimant underwent on October 30, 2009. The impression from the MRI report was as follows:

"1. Multilevel degenerative changes of the lumbar spine as described in detail above.

2. There is a sequestered disc fragment posterior to the L5 vertebral body which abuts the left S1 nerve root."

¶ 17 Dr. Huynh's records show he reviewed claimant's MRI on November 23, 2009, and found it showed claimant had a "fragmented [] herniated disc impinging on S1 nerve root." He noted claimant had a "spine surgery" appointment on January 14, 2010. Claimant next treated with Dr. Devyani Hunt and Dr. Monica Rho on January 28, 2010, undergoing a fluoroscopically guided right L5/S1 transforaminal epidural steroid injection.

¶ 18 On May 21, 2010, claimant began treatment with Dr. Justin Brown, a board certified neurosurgeon with Washington University Physicians. Claimant reported severe pain radiating across his back following a July 2008 work...