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Irikzarry v. Industrial Commission2/25/2003
The Arbitrator concludes that the medical records contain no evidence that Petitioner ever reported any injury to his head, neck, right shoulder, or low back to any physician for several months following the accident, until after June, 1991. The initial examination of the Petitioner's low back in June 1991 was to check for causes for the slow recovery of the Petitioner's left leg. Only thereafter did the Petitioner seek treatment for his back. There is no objective evidence of neurological or orthopaedic injury to the Petitioner's head, neck, low back or right shoulder as a result of the * accident. All of the medical treatment that the Petitioner has undergone to those areas of the body, is related to subjective complaints unsupported by any verifiable injury. The Petitioner's continued left knee complaints following hearing in December, 1994, are similarly related to subjective complaints which no longer are supported by objective evidence of continuing injury."
After making these observations, arbitrator Akemann denied TTD benefits and medical expenses for the period following the second section 19(b) hearing. Regarding permanent impairment, he awarded PPD benefits representing 40% loss of use of Irizarry's left leg.
Irizarry appealed to the Commission, which affirmed and adopted the arbitrator's decision. He then appealed to the Kane County circuit court, which confirmed the Commission's decision. This appeal followed.
ANALYSIS
1. Causal Connection (Head, Neck, Right Shoulder, Back)
In addition to his left knee, Irizarry alleged that his industrial accident caused injuries to other parts of his body. At the section 19(b) stage, arbitrator Caliendo found a causal connection between Irizarry's condition of ill-being (as alleged) and his industrial accident. Such a finding is evident from at least two facts. First, the arbitrator described Irizarry as "a forty-three year old welder who suffered injuries to his left knee, neck, right shoulder, and lower back on January 21, 1991, the date of accident." (Emphasis added.) Second, the arbitrator ordered Dynaweld to pay medical bills from Dr. Townsend--whose treatment was directed at Irizarry's neck, right shoulder, and back. Obviously a finding of a causal connection underlies an award of medical expenses. Arbitrator Caliendo's causation determination was final and reviewable when he rendered his decision. See 820 ILCS 305/19(b) (West 2000) (noting that section 19(b) decisions "shall be conclusive as to all other questions except the nature and extent of [the claimant's] disability"). Since Dynaweld did not file a petition for review, the arbitrator's decision "[became] the decision of the Commission and * conclusive." 820 ILCS 305/19(b) (West 2000).
But the Commission later adopted arbitrator Akemann's decision, which rested on a conclusion that "no objective evidence [existed] of * injury to the Petitioner's head, neck, low back or right shoulder as a result of the * accident." (Emphasis added.) In other words, the Commission found that no causal connection existed between Irizarry's industrial accident and any injuries to his head, neck, low back, and right shoulder. Accordingly, the Commission concluded: "All of the medical treatment that the Petitioner has undergone to those areas of the body, is related to subjective complaints unsupported by any verifiable injury." These conclusions are inconsistent with the Commission's section 19(b) decisions. At the section 19(b) stage, the Commission found a causal connection between Irizarry's industrial accident and his various alleged injuries (including injuries to his "neck, right shoulder, and lower back"). In the final procee
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