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F & B Manufacturing Company v. Industrial Commission of Illinois9/20/2001
UNPUBLISHED
Respondent F & B Manufacturing Company appeals from an order of the circuit court of Cook County confirming a decision of the Illinois Industrial Commission (Commission) entered following an earlier remand by the circuit court. The claimant in this case is Martha Quintero.
On August 23, 1990, claimant filed an application for adjustment of claim alleging a back injury on July 23, 1990. Following a hearing conducted on March 26, April 23, and May 24, 1996, the arbitrator entered a decision on June 22, 1996, awarding claimant $158.67 per week for 31 weeks for temporary total disability (TTD) and $142.81 per week for 25 weeks for permanent partial disability (PPD) to the extent of 5% of the person as a whole. 820 ILCS 305/8(b), (d)(2) (West 1996). The arbitrator specifically found that (1) claimant was entitled to TTD from July 24 to August 20, 1990, and from August 22, 1990, to February 26, 1991; (2) claimant was not entitled to receive payment for medical expenses relating to care provided by medical service providers beyond the two chains of referral from claimant's two chosen medical service providers, being Treister Orthopaedic Services, Ltd. (Treister Orthopaedic) and Cragin Health Center (Cragin) (820 ILCS 305/8(a)(2), (a)(3) (West 1996)); and (3) the chiropractic care provided by Cragin and the neurological examination by Dr. Aleksandra Stobnicki, to whom claimant was referred by one of the chiropractors at Cragin, were not reasonable and necessary because the services were duplicative of the treatment provided by Treister Orthopaedic. The Commission affirmed and adopted the arbitrator's findings in a decision entered April 18, 1997.
On judicial review (Cook County case No. 97-L-50541), the circuit court affirmed the PPD award, but set aside the findings of duration of TTD and the denial of medical expenses, and remanded to the Commission "for further proceedings" in an order entered by Judge Quinn on March 18, 1998.
On remand, without any additional evidence, and with one commissioner dissenting, the Commission adopted the earlier PPD award and awarded claimant TTD for 61 1/7 weeks from July 24 through August 20, 1990, and from August 22, 1990, through September 30, 1991, and $6,864 in medical expenses, including $2,295 for services rendered by Cragin and $275 for the services of Stobnicki. The dissenting commissioner strongly protested that the circuit court had done nothing more than substitute its judgment for that of the Commission. The Commission decision on remand was entered on July 13, 1999.
Thereafter, respondent sought judicial review in the circuit court (Cook County case No. 99-L-50809, consolidated with 97-L-50541). Claimant appeared pro se in the circuit court. In the second judicial review, Judge White presided. On July 25, 2000, the circuit court determined that the March 18, 1998, order entered by the circuit court in case No. 97-L-50541 was a final order for purposes of appeal and confirmed the July 13, 1999, decision of the Commission following remand. The appeal to this court followed.
The issues raised by respondent all relate to the propriety of the Commission's original decision of April 18, 1997. The respondent asks this court to determine whether the following Commission findings were against the manifest weight of the evidence: (1) that claimant was not entitled to TTD benefits beyond February 26, 1991; (2) that Cragin was the second medical provider chosen by claimant; and (3) the charges for services rendered by Cragin and Stobnicki were not proved to be reasonable and necessary.
Claimant has not filed an appellee's brief. Because the record in this case is simple and the cl
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