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Greater Peoria Mass Transit v. Ind. Com.

OPINION FILED MAY 30, 1980.

GREATER PEORIA MASS TRANSIT DISTRICT, APPELLANT,

v.

THE INDUSTRIAL COMMISSION ET AL., (FLORIDA BONDS, APPELLEE).



Appeal from the Circuit Court of Peoria County, the Hon. Robert E. Hunt, Judge, presiding.

MR. JUSTICE CLARK DELIVERED THE OPINION OF THE COURT:

This case involves a claim filed under the Workmen's Compensation Act (Ill. Rev. Stat. 1973, ch. 48, par. 138.1 et seq.). The arbitrator found that petitioner, Florida Bonds, sustained an accidental injury arising out of her employment and entered an award for medical expenses, temporary total disability, and 30% loss of use of her right arm. The Industrial Commission set aside the arbitrator's award for permanent disability but entered an award for medical expenses and temporary total disability. The circuit court of Peoria County confirmed the decision of the Commission. The employer filed this appeal and Florida Bonds cross-appealed pursuant to Rule 302(a). 73 Ill.2d R. 302(a).

Florida Bonds was a 32-year-old bus driver with three years of experience when, on August 23, 1977, she returned from her bus route at approximately 7 p.m. She proceeded to the drivers' room to leave public schedules and transfers on a window ledge. At the hearing before the arbitrator, she described what happened next:

"As I, you know, went to put them up in window they fell, and so I tried leaning over, I don't know how I leaned over, but I was hurting, my back was hurting pretty bad. So, I leaned over and I lost my balance and that way I like stumbled, you know, and I tried to catch myself, and that's when my shoulder hit something. I think it hit, I am not sure you know, but anyway I felt this pain in my shoulder.

And I couldn't get it out.

THE ARBITRATOR: Which shoulder is that?

THE WITNESS: Right shoulder."

Upon further questioning by her own attorney, she testified as follows:

"Q. What was it, if you can recall, that your shoulder hit?

A. I am not sure because here I was bending over it sort of, you know, to pick up this transfer color, and I leaned over some kind of way and I went to catch myself and I felt this pain in my shoulder, you know. This one was back this way, and here I was picking it up like that (indicating).

Q. Which hand were you referring to?

A. I was reaching with my left.

Q. Were you close enough that you could reach out and touch ...


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