Schroeder v. Illinois Workers' Compensation Comm'n
2017 IL App (4th) 160192WC
| Ill. App. Ct. | 2017Background
- Claimant Nanette Schroeder, a long‑haul truck driver with a significant preexisting degenerative lumbar condition (prior L4/L5 fusion and discectomy), returned to Swift Transportation in May 2013 after declining recommended surgery and passed required physicals.
- On December 19, 2013, Schroeder slipped on ice at a delivery site, injuring her back and left leg; she sought emergency and follow‑up care and was restricted from driving.
- Treating neurosurgeon Dr. Yazbak testified the slip aggravated Schroeder’s preexisting condition, changed her symptom pattern (more S‑1 type symptoms), and ultimately made surgery (L5‑S1 fusion, performed April 10, 2014) appropriate.
- Employer’s IME Dr. Lami opined post‑accident imaging showed no objective change, that symptoms were transient, and that the need for fusion was unrelated to the fall.
- The arbitrator found only a temporary aggravation and denied benefits; the Illinois Workers’ Compensation Commission reversed, finding the accident causally related to Schroeder’s current ill‑being. The circuit court set aside the Commission’s award; the appellate court reversed the circuit court and reinstated the Commission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether claimant’s current condition of ill‑being was causally related to the 12/19/2013 work accident | Schroeder: the slip materially aggravated her preexisting back condition, changed symptom pattern, and accelerated need for surgery | Swift: objective imaging shows no change pre/post accident; any pain increase was transient and unrelated to need for fusion | The Commission’s causation finding is not against the manifest weight of the evidence; reversal of Commission was improper. |
| Proper standard of review | Schroeder: deference to Commission on medical factual findings | Swift: trial court applied de novo because facts undisputed | Appellate court applied manifest‑weight standard (facts disputed as to significance of objective findings) and gave deference to Commission. |
| Legitimacy of drawing an adverse inference from a chain of events (workability → accident → deterioration) | Schroeder: deterioration after the accident supports causal inference even with preexisting disease | Swift: principle applies only when prior health was good; here there was significant preexisting disease | Court held the chain‑of‑events inference is a permissible factual inference even with preexisting conditions. |
| Whether absence of objective imaging change defeats causation | Schroeder: symptomatic flare and change in symptoms can occur without radiographic change; treating physician explained this | Swift: lack of objective change and IME opinion negate causation | Court found conflicting medical evidence but deferred to Commission’s credibility determinations; absence of objective change did not compel opposite result. |
Key Cases Cited
- International Harvester Co. v. Industrial Comm’n, 93 Ill. 2d 59 (Ill. 1982) (chain‑of‑events inference may support causation)
- Long v. Industrial Comm’n, 76 Ill. 2d 561 (Ill. 1979) (deference to Commission on medical questions)
- Durand v. Industrial Comm’n, 224 Ill. 2d 53 (Ill. 2006) (manifest‑weight standard for factual findings)
- Sisbro, Inc. v. Industrial Comm’n, 207 Ill. 2d 193 (Ill. 2003) (employer liable if employment is a cause of condition)
- Caterpillar Tractor Co. v. Industrial Comm’n, 92 Ill. 2d 30 (Ill. 1982) (preexisting condition does not bar recovery if aggravated by employment)
- Freeman United Coal Mining Co. v. Industrial Comm’n, 283 Ill. App. 3d 785 (Ill. App. 1996) (appellate court may affirm Commission on any record basis)
- Hosteny v. Illinois Workers’ Compensation Comm’n, 397 Ill. App. 3d 665 (Ill. App. 2009) (Commission resolves evidentiary conflicts)
- St. Elizabeth’s Hospital v. Workers’ Compensation Comm’n, 371 Ill. App. 3d 882 (Ill. App. 2007) (employer takes employee as found)