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Chicago Messenger Service v. Industrial Commission3/30/2005
n testified that he was employed by CMS as the supervisor of European drivers. Korzen noted that the claimant spoke broken English, but he had never had any difficulty understanding the claimant. Korzen testified that on September 11, 2001, the claimant performed his normal route and reported nothing out of the ordinary. Korzen testified that on September 12, 2001, he had a conversation with the claimant on the dock at European. The claimant was walking stiffly and, when queried, told Korzen he had hurt his back while drinking coffee and sneezing that morning. The claimant said nothing about an on-the-job injury the previous day. When Korzen asked if the claimant could work that morning, he was told by the claimant that he would work because he needed the money. Korzen testified that Tom Ruiz, a dispatcher who was standing nearby, laughed when he heard how the claimant had injured himself.
Korzen testified that the claimant came to the CMS office a few days later, apparently to discuss his off-work status. An impromptu meeting then took place with the claimant. The meeting was also attended by Tony Lopez, a CMS dispatch manager, and Milton Buzil, the general manager of CMS. Korzen testified that at this meeting, the claimant again stated that he had hurt his back when he sneezed while drinking a cup of coffee at home on the morning of September 12, 2001.
Testimony of Tom Ruiz
Tom Ruiz testified pursuant to subpoena. At the time of the hearing, he had been employed by Hespex, Inc. for approximately one month. Prior to that, he had been employed by European, Inc. for four years as a dispatcher. Ruiz testified that on September 12, 2001, he had a conversation with the claimant in front of the dispatcher's office at European. Ruiz stated that the claimant was there with a companion. The claimant was limping. The claimant told Ruiz that he was drinking coffee and sneezed that morning and his back went out. He made no mention of an on-the-job injury the previous day.
Testimony of Tony Lopez
Tony Lopez testified pursuant to subpoena. At the time of the hearing, he was employed by Capital Retail, Inc. Before then, he had been employed by CMS as a dispatch manager. Lopez testified that on or about September 13, 2001, he took a telephone call from the claimant. According to Lopez, the claimant told him that he hurt his back while at home. He told Lopez he was drinking coffee when he twisted his back and felt a snap. Lopez testified that the claimant told him nothing regarding an on-the-job injury.
Testimony of Milton Buzil
Milton Buzil, general manager of CMS, testified that he first heard of the claimant's injury when an orthopedist contacted CMS regarding insurance. Buzil was present at the same meeting described by Korzen. Buzil testified that the claimant told them that he was eating breakfast on the morning of September 12, 2001, when he sneezed while drinking coffee. When he sneezed, he hurt his back. Buzil testified that the claimant made no mention of hurting his back while lifting boxes at work.
Testimony of Mehir Sahabi
Mehir Sahabi testified for the claimant. Sahabi was a friend of the claimant. He had been employed by CMS as a driver for European until June 2001, having driven the same route as the claimant. In fact, Sahabi had trained the claimant. On September 11, 2001, Sahabi was visiting from out of state and was staying the claimant's home. Sahabi testified that, on the morning of September 12, the claimant asked him for a ride to work. Sahabi drove the claimant to work. He then went on the route with the claimant. Sahabi did all the driving and the lifting on the route that day. He testifie
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