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Edward Gray Corp. v. Industrial Commission9/28/2000
Claimant, Michael Gimino, sought benefits pursuant to the Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 1994)) for injuries sustained while in the employ of Edward Gray Corporation (Graycor). Gimino was employed by Graycor as an ironworker. Gimino injured his back on October 7, 1994, while cutting metal sheets with a saw. The arbitrator found that Gimino had sustained an accidental injury arising out of and in the course of his employment. The arbitrator awarded medical expenses, 18 6/7 weeks of temporary total disability (TTD) benefits, 16 3/7 weeks of maintenance benefits pursuant to section 8(a), and a wage differential award pursuant to section 8(d)(1) of the Act. The Industrial Commission (Commission) in a 2-1 decision, affirmed and adopted the decision of the arbitrator. The Commission's decision was confirmed by the circuit court of Cook County. We affirm.
The record reveals that Gimino had suffered numerous lower back problems. Gimino sought workers' compensation benefits for a low back injury which occurred on May 6, 1986, while employed with Midland Steel. A CT scan at that time revealed a bulging disc at L4-5 and a herniated disc at L3-4. Gimino was determined to be permanently partially disabled to the extent of 8% of the person as a whole. Gimino also sought benefits for a low back injury sustained on September 19, 1988, while in the employ of M.C. Stanley. He received conservative treatment and returned to work for M.C. Stanley. He received five weeks of TTD benefits. He sustained a second injury while working for M.C. Stanley on June 15, 1989. He sought compensation benefits and filed a civil suit in the circuit court of Cook County. Gimino was determined to be permanently partially disabled to the extent of 32% of the person as a whole. A functional capacity evaluation conducted on November 28-29, 1989, by Worker Rehabilitation Services, Inc., revealed that Gimino was capable of performing at the medium level of work. Mary Petershack, the examiner, concluded that Gimino could return to his previous occupation provided that he limited the amount of stooping and overhead lifting.
Gimino returned to work in April 1990, eventually obtaining employment with Pangere Corporation. On April 1, 1994, Gimino injured his back while turning corrugated sheets of metal. Gimino saw Dr. George Miz on April 25, 1994. He underwent physical therapy and work hardening. A functional capacity evaluation conducted on July 12, 1994, by Med-Works Physical Therapy Center established various lifting restrictions, as well as restrictions against stooping and climbing ladders. The evaluation noted that Gimino did not meet the maximum lifting requirements of his job at Pangere but found that he could return to work as an ironworker if certain modifications could be placed on the job. Gimino filed a workers' compensation claim (95WC21521) as a result of this accident.
Dr. Miz released Gimino with certain restrictions, but Pangere did not offer Gimino a job or vocational assistance. Gimino did not return to Pangere but obtained work at West Side Erectors, where he worked for several weeks in July 1994. This job was described as a "soft touch" job which was less physically demanding.
Gimino began working for Graycor on August 11, 1994, performing ironwork fabrication at the Ford Assembly Plant in Chicago. On his job application, Gimino indicated that he suffered from no physical conditions which would affect job safety or performance. Gimino worked with two sizes of aluminum sheeting, one weighing 100 pounds and the other weighing 50 pounds. Gimino's job was to attach these metal sheets to a wall. To do so, he would stand on a roof and pull the sheets up 20 feet onto th
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