Petrie v. Industrial Com'n, 3-86-0823

• Citation: 513 N.E.2d 104,160 Ill.App.3d 165,111 Ill.Dec. 858
• Decision Date: 24 August 1987
• Docket Number: No. 3-86-0823,3-86-0823
• Parties: , 111 Ill.Dec. 858 Loyd PETRIE, Appellant, v. The INDUSTRIAL COMMISSION (Klaus Radio, Appellee). WC.
• Court: United States Appellate Court of Illinois

Page 104

513 N.E.2d 104 160 Ill.App.3d 165, 111 Ill.Dec. 858 Loyd PETRIE, Appellant,
v.
The INDUSTRIAL COMMISSION (Klaus Radio, Appellee). No. 3-86-0823 WC. Appellate Court of Illinois,
Third District,
Industrial Commission Division. Aug. 24, 1987.
Rehearing Denied Sept. 30, 1987.

Page 105

[111 Ill.Dec. 859] [160 Ill.App.3d 166] Emmanuel F. Guyon, Streator, for Loyd Petrie.

John Mitchell, Henry D. Noetzel & Associates, Peoria, for Klaus Radio.

Justice KASSERMAN delivered the opinion of the court:

On November 22, 1982, Loyd Petrie (claimant) filed an application for adjustment of claim under the Workers' Compensation Act (Ill.Rev.Stat.1981, ch. 48, par. 138.1 et seq.), for injuries allegedly sustained as a result of an accident on July 2, 1981, during the course of his employment with Klaus Radio. On May 20, 1983, the arbitrator awarded claimant temporary total disability compensation of $234.61 per week for 5.43 weeks (Ill.Rev.Stat.1983, ch. 48, par. 138.8(b)(1)), medical expenses of $1,272.29 (Ill.Rev.Stat.1983, ch. 48, par. 138.8(a)), and permanent partial disability compensation of $234.61 per week for 62.5 weeks under the "man as a whole" provisions of the Act (Ill.Rev.Stat.1983, ch. 48, sec. 138.8(d)(2)). Neither party sought review of the arbitrator's ruling.

On June 1, 1984, claimant filed a petition for review of the award pursuant to section 19(h) of the Act (Ill.Rev.Stat.1983, ch. 48, par. 138.19(h)), alleging that his disability had increased. After a hearing, the Industrial Commission denied the petition. On review, the circuit court confirmed the Industrial Commission's decision, and claimant has perfected this appeal.

Three issues are presented on appeal: (1) whether the employee's claim for additional compensation for impairment of earning capacity under section 19(h) of the Act either has been waived or is not subject to consideration because the original award is res judicata; (2) whether a change in economic disability alone, as distinguished from physical disability, is a proper basis for modification of an award pursuant to section 19(h) of the Act; and (3) whether the decision of the Industrial Commission was against the manifest weight of the evidence. We affirm.

The following evidence was presented at the arbitration hearing: [160 Ill.App.3d 167] Claimant had been employed by Klaus Radio for approximately 19 years on the date of the accident, July 2, 1981. Claimant was employed as a service representative, and his duties included servicing "white goods," i.e., ranges, refrigerators, and other appliances. That work entailed handling small parts, such as screws and electrical wire, in limited spaces. Claimant testified that he also made a habit of mowing the lawn at Klaus Radio. On July 2, 1981, claimant was mowing the lawn when the mower became stuck in a ditch. Claimant grabbed the

Page 106

[111 Ill.Dec. 860] deck of the mower to free it and the blades caught the tips of his fingers.

Medical records indicate that claimant suffered partial amputation of the fingertips of the right index and middle fingers. He had soft tissue loss over the volar surface of the distal phalanges, each approximately 2-3 cm. in size. X-rays revealed fractures of the tips of the distal phalanges. A skin graft was taken from the volar surface of the right forearm. Claimant was discharged on July 4, 1981; and after post-operative care, he returned to work on August 9, 1981.

In a letter report dated November 13, 1981, claimant's treating physician stated that claimant had limitations of flexion of the two injured fingers and noted complaints of an inability "to grasp objects that cause direct pressure on the fingertips, such as twisting wires." In January of 1982 claimant was laid off when Klaus Radio closed the department in which he worked.

Claimant did some "odds and ends work" until January of 1983, when he started his own business repairing...