Knox Co. YMCA v. IC, No. 3-99-0441WC
3rd District, 18 February 2000
INDUSTRIAL COMMISSION DIVISION
| KNOX COUNTY YMCA Appellant, v. THE INDUSTRIAL COMMISSION et al. (Anita Williamson, Appellee). | Appeal from the Circuit Court of Knox County. No. 98 MR 18 Honorable James B. Stewart, Judge, Presiding. |
JUSTICE COLWELL delivered the opinion of the court:
Claimant, Anita Williamson, filed an application for adjustment of claim pursuant to the Workers' Compensation Act (Act)(820 ILCS 305/1 et seq. (West 1992)) alleging that she sustained injuries on December 14, 1993, while in the employ ofrespondent, Knox County YMCA. The arbitrator found that claimant's injuries did not arise out of and in the course ofclaimant's employment by respondent. The Industrial Commission (Commission) reversed. On judicial review, the circuitcourt of Knox County confirmed the Commission's decision.
On appeal, respondent contends that the Commission erred in finding that claimant's injuries arose out of her employment.We affirm.
The record reveals the following relevant facts. In December 1993, claimant was 49 years old. She was employed as aPALS site director for respondent. Claimant's duties required her to watch the children of working parents during the day.During the academic year, when school was not in session, claimant would conduct the PALS program at the Knox CountyYMCA. However, when school was in session, the PALS program would take place off-site.
On December 14, 1993, claimant was scheduled to work the 3 p.m. to 6 p.m. shift. On that particular date, the PALSprogram took place at a local school. Following her shift, respondent required claimant to attend a cardio-pulmonaryresuscitation (CPR) class at the Knox County YMCA. The CPR class was scheduled to begin at 6 p.m. No time was allottedbetween the end of claimant's shift and the beginning of the CPR class. Therefore, claimant stopped at a restaurant on theway to the YMCA. Claimant purchased a sandwich and a large soft drink at the restaurant.
The CPR class was held on the second floor of the YMCA building. Claimant attended the class for approximately ten orfifteen minutes before being informed that she could leave. Claimant sustained her injuries as she was descending astaircase to the first floor on her way out of the YMCA building.
At the hearing on her application for adjustment of claim, claimant testified that the stairwell was well-lit and had railingson both sides of the hallway. There was a runner on each stair. According to claimant, the runners were in "good shape."
At the time of her fall, claimant was wearing tennis shoes. She was holding the soft drink she had purchased for dinner inone hand and her purse in the other. Claimant described her purse as a "good size, but smaller than a gym bag." Claimanttestified that she normally leaves her purse in the car. However, on the subject date, she took the purse with her to holdpaper and a pen that she needed for the CPR class. In explaining how she fell, the following discussion took place:
"[Claimant]: I got down to the stairs, and I thought I was down and I could walk right off, to my knowledge that'swhat happened.
Arbitrator Neal: You were at the very bottom and you thought there was another step?
[Claimant]: And I thought I was done. I thought the steps were done.
[Claimant's Attorney]: I don't think--I think what the arbitrator's question was--and I don't think you necessarilyunderstood that--I think what she is saying, you were at the bottom and you didn't realize you were at the bottom, orwere you like on two stairs up and you thought you were at the bottom?
[Claimant]: I was two stairs up and I thought I was at the bottom."
As a result of the fall, claimant sustained a rupture to the left quadriceps tendon. On January 14, 1994, Dr. Myron Stachniwperformed surgery to repair the rupture. After the surgery, claimant used a walker to ambulate. Claimant testified thatbecause she was unable to bear weight on her injured leg, she used her hands to support herself while using the walker. As aresult, claimant began experiencing pains in her arms and numbness in the first three fingers on each of her hands. Claimanteventually underwent carpal tunnel surgery on each hand to resolve the pain and numbness she was experiencing.
On cross-examination claimant admitted that she was familiar with the staircase because she worked in the YMCA buildingon days when school was not in session and during the summer. Claimant also acknowledged that there was nothing on thestairs that made her fall, and that as far as she knew, the stairs were not defective.
Admitted into evidence was a letter from Dr. Stachniw opining that claimant's carpal tunnel syndrome was a direct result ofwalking aids necessitated by the injury claimant sustained at the YMCA. Respondent submitted a letter from a Dr. David E.Conner. Dr. Conner related that he has not observed many problems with carpal tunnel developing secondary to utilizingwalking aids.
As mentioned, the arbitrator denied benefits, finding that there was nothing about the stairs that caused the fall, thatclaimant was not involved in any activity that arose out of her employment at the time of the fall, and that claimant was notexposed to any risk different than that experienced by the general public.
The Commission reversed. The Commission found that claimant's fall fit in the category of "unexplained" falls because"[claimant] is unsure of the reason for her fall, but that as far as she knows, she fell because she thought she was at thebottom of the stairs." The Commission also found that claimant's fall "arose out of" her employment. The Commissionnoted that the CPR class was mandatory. The Commission determined that the presence of the soft drink in one hand andthe purse in the other, both of which claimant would not have had absent the mandatory CPR class, contributed toclaimant's fall. According to the Commission, "[t]he soft drink and the purse were thereby connected with, and/or infurtherance of, the duties of her employment with Respondent leading to an increased risk of injury in descendingRespondent's stairway." The Commission also concluded that claimant's accident occurred "in the course of" heremployment because claimant's injury occurred within a reasonable time after exiting the CPR class mandated byrespondent.
The Commission concluded that claimant's left knee injury and carpal tunnel syndrome were causally related to her work-related fall on the stairway. In so finding, the Commission found Dr. Stachniw's medical reports persuasive and the reportof Dr. Conner not persuasive.
The Commission awarded claimant (1) temporary total disability (TTD) benefits of $115.34 per week for a period of 19-6/7weeks (820 ILCS 305/8(b) (West 1992)), (2) $103.80 per week for 70 weeks for the loss of use of her left leg to the extentof 35% (820 ILCS 305/8(e) (West 1992)), (3) $103.80 per week for 28