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06/08/88 the Village of Homewood, v. the Industrial Commission

June 8, 1988

THE VILLAGE OF HOMEWOOD, APPELLANT

v.

THE INDUSTRIAL COMMISSION ET AL. (SHERRY MALUM, APPELLEE)



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, INDUSTRIAL COMMISSION DIVISION

525 N.E.2d 990, 171 Ill. App. 3d 852, 121 Ill. Dec. 683 1988.IL.898

Appeal from the Circuit Court of Cook County; the Hon. Alexander P. White, Judge, presiding.

APPELLATE Judges:

JUSTICE WOODWARD delivered the opinion of the court. BARRY, P.J., and McNAMARA, McCULLOUGH, and CALVO, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOODWARD

Claimant, Sherry Malum, filed an application for adjustment of claim, alleging injuries sustained in her employment on March 8, 1978. The arbitrator found that she was temporarily totally disabled for a period of 18 4/7 weeks and that petitioner, Village of Homewood, was liable for payment of medical services up to July 18, 1978.

On review, the Industrial Commission held that claimant was temporarily totally disabled for a period of 101 3/7 weeks, entitled to $53,718.55 in medical expenses, and permanently disabled to the extent of 40% of a person under section 8(d)2 of the Workers' Compensation Act (Ill. Rev. Stat. 1985, ch. 48, par. 138.8(d)(2)). The circuit court of Cook County confirmed the Commission's decision, and this appeal followed. We affirm.

On appeal, the petitioner argues that the manifest weight of the evidence does not support the following: (1) claimant's condition of ill-being was causally connected to the incident of March 8, 1978; (2) claimant was disabled for a period of 101 3/7 weeks; (3) the medical bills totaling $53,718.55 were reasonable and necessary; and (4) the claimant was permanently disabled to the extent of 40% of the person as a whole.

On March 8, 1978, claimant was working for the petitioner as a radio dispatcher. One of her job responsibilities was to search female subjects who had been arrested and brought into the Homewood police station. At approximately 4 a.m., claimant was ordered to search a female offender, arrested for driving under the influence. No police officers were present in the room where the search was to take place. The woman refused to be searched and shoved claimant several times against a door. The offender then threw claimant over a chair, the arm of which struck the latter's tailbone. Claimant landed on her knees and hands and the left side of her head slammed into a wall. Police officers then entered the room and subdued the subject.

Claimant was admitted to South Suburban Hospital the following day complaining of headaches, light-headedness, nausea, and chest contusions. She remained hospitalized until March 24, 1978. On March 29, 1978, claimant was rehospitalized for continuing complaints regarding head, neck, and chest pain to April 11, 1978. She was placed under medication and received physical therapy to her head and cervical spine.

During this second hospitalization, Dr. William Padamadan, claimant's treating physician, asked Dr. William Schmidt, a neurosurgeon, to examine claimant. Dr. Schmidt diagnosed her condition as post-concussion syndrome.

Following her April 11, 1978, discharge, claimant remained off work and under the care of Drs. Schmidt and Padamadan. She received physical therapy, including ultrasound to her head, chest, and neck. Claimant also received nerve block injections in the temple for headaches, nausea, and dizziness.

She was rehospitalized on April 14, 1978, through May 6, 1978, and from May 19, 1978, through May 25, 1978, for the same persistent complaints. She returned to work from July 17, 1978, to July 21, 1978, but was unable to perform her duties satisfactorily. While at work, she experienced severe headaches, trouble even sitting because of tenderness in her tailbone, numbness in her legs, and aching in her shoulders. Dr. Padamadan ordered that she remain off work and re-enter the hospital on July 27, 1978.

On January 22, 1979, Dr. Schmidt performed an anterior fusion on claimant's cervical spine. In June 1979, claimant returned to petitioner's employment, working limited hours as a radio dispatcher. During work, she experienced continuing problems with ...


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