Joseph P. Basile, Chicago
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Fifth District: Commission’s Finding That Claimant Sustained Work-Related Accident Was Not Against Manifest Weight of Evidence
The Workers’ Compensation Commission Division of the Illinois Appellate Court upheld the Illinois Workers’ Compensation Commission’s decision in City of Waterloo v. Illinois Workers’ Compensation Commission, 2024 IL App (5th) 231150WC-U. The claimant served as a police officer for the City of Waterloo for 22 years. 2024 IL App (5th) 231150WC-U at ¶4. On November 21, 2016, during his shift, the claimant stopped a suspected impaired driver at approximately 5:30 p.m. He conducted field sobriety tests and decided to take the driver into custody. Seargeant Trin Daws arrived as backup.
The claimant walked to the rear door of his patrol car to make room for the driver in the back seat, stepping over a hole or wash-out. As he turned to walk the driver to the vehicle, he stepped into the hole and felt a pop in his left knee. He did not mention this to Seargeant Daws.
At the arbitration hearing, the claimant’s attorney played the dashboard camera video of the incident. While it was playing, the claimant explained that his foot disappeared and reappeared and that was when he experienced the pop in the left knee. The claimant testified he had been diagnosed with osteoarthritis in both knees but never suffered any injury to the left knee before the accident. His left leg was considered his “good leg” as his right knee was “five years overdue for treatment to be replaced.” 2024 IL App (5th) 231150WC-U at ¶7.
The day following the accident, the claimant reported the injury to his supervisor, who sent him for medical treatment. He saw an orthopedic physician, who ordered an MRI. The physician diagnosed an anterior cruciate ligament (ACL) tear in the left knee. 2024 IL App (5th) 231150WC-U at ¶8.
The city arranged for an examination by Dr. Mark Miller. who determined the ACL tear was the result of the accident and recommended surgery. The claimant was placed on light duty. He came under the care of Dr. Corey Solman, who also recommended surgery. The surgery was performed on March 27, 2017, and was followed by physical therapy. Id. The claimant claimed he developed left ankle problems during therapy. On July 28, 2017, Dr. Solman released the claimant to work with restrictions. 2024 IL App (5th) 231150WC-U at ¶¶9 – 10.
The city had another independent medical evaluation with Dr. John Krause, who released the claimant to full duty. The claimant testified he was unable to perform his regular duties and requested accommodations, which were denied.
On December 6, 2017, the claimant underwent a functional capacity evaluation at the request of Dr. Solman. The therapist recommended permanent work restrictions, which the city did not accept. The claimant found alternative employment driving a truck. He testified he was unable to perform the duties of a patrol officer.
The city called Sergeant Daws, who testified he knew the claimant for 22 years. He said the claimant walked with a limp for about ten years, but he was not certain which leg was favored. 2024 IL App (5th) 231150WC-U at ¶15. He participated in the arrest but did not see or hear the claimant injure his left knee.
The arbitrator found the claimant sustained a work-related injury due to the claimant performing his work duties and being exposed to a risk directly associated with his employment. The arbitrator found the condition of ill-being was related to both the left knee and left ankle. The arbitrator gave no weight to Dr. Krause’s opinion primarily because Dr. Krause did not examine the claimant prior to surgery. Dr. Solman and Dr. Miller held opinions that the accident caused the current condition of ill-being. In addition to the medical evidence, the arbitrator relied on circumstantial evidence, finding that before the injury, the claimant performed his duties, but he was no longer able to do so afterward. The arbitrator awarded medical expenses, temporary total disability, and a 25-percent loss of the person as a whole due to a loss of occupation pursuant to §8(d)(2) of the Workers’ Compensation Act, 820 ILCS 305/1, et seq.
The Commission affirmed and adopted the decision, with the exception of the finding of causation as to the left ankle. The Commission reversed that finding, considering it to be “pure speculation, upon which liability cannot rest.” 2024 IL App (5th) 231150WC-U at ¶19.
On appeal from the circuit court’s order confirming the Commission’s decision, the city argued the Commission’s determination of an accidental injury arising out of and in the course of the employment was against the manifest weight of the evidence. The city did not dispute that the claimant was working at the time of the injury. The city disputed whether the claimant was actually injured and whether a work-related injury actually occurred.
The court disagreed. The claimant blindly stepped into a rut on the side of a roadway while conducting an arrest. He was jarred and felt a pop in his left knee. While he was diagnosed with osteoarthritis prior to the event, the left leg was his good leg. He was fully able to perform his duties as a patrol officer. After the accident, there was an ACL tear and surgery. Dr. Solman and Dr. Miller related the knee condition to the accident. The Commission also relied properly on the dashcam video.
The Commission found the claimant’s testimony to be credible. The Commission is the judge of the credibility of the witnesses and gave no weight to Dr. Krause’s opinion. In addition, the circumstantial evidence that the claimant was able to perform as a police officer before the accident and could not afterward corroborated the claimant’s testimony regarding the accident.
The court would not reevaluate the claimant’s credibility or that of the witnesses. Consequently, the Commission’s decision on the issue of accident and causation as to the left knee condition was not against the manifest weight of the evidence.
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