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O'Fallon School District No. 90 v. The Industrial Commission5/5/2000
Karen Kenna (claimant) sought benefits pursuant to the Workers' Compensation Act (Act) (Ill. Rev. Stat. 1989, ch. 48, par. 138.1 et seq.) for injuries sustained on May 8, 1990, while in the employ of O'Fallon School District No. #90 (employer). The arbitrator denied benefits on the grounds claimant's injuries did not arise out of her employment. On review, the Industrial Commission (Commission) affirmed the decision of the arbitrator. The circuit court of St. Clair County, however, reversed the decision of the Commission and remanded the cause for the entry of an award of benefits. On remand, the Commission entered a decision in favor of claimant awarding her temporary total disability benefits for 1 and 3/7 weeks, medical expenses of $7,605.36, and 10% permanent partial disability. This time the circuit court confirmed the decision of the Commission. Employer appeals, contending claimant's injury did not arise out of her employment. We affirm.
Claimant worked as a sixth grade teacher for employer. On the morning of May 8, 1990, claimant was assigned to hall duty, which meant she was responsible for insuring the safety of students moving through the halls. The hallway to which she was assigned that day was particularly dangerous in that it included a 45-degree turn and there had been a problem with children running down the hall. Employer maintained a strict rule against running in the halls. Claimant was standing in the doorway of a classroom talking to another teacher when she noticed out of the corner of her eye a student running down the hall. Claimant turned, twisted, and began to pursue the child when she felt a pain in her lower back that felt like "somebody had skewered back with a hot poker." Claimant continued working the rest of the day and then remained off work for 10 days. After using up her remaining sick and personal days, claimant returned to finish out the school year. She testified she often had to lie on the floor during the school day, however, to relieve the pressure off her back. She was able to return to teaching the next school year for employer. Claimant has since moved to Virginia, where she continues to teach. She testified she had no prior injuries to her back before the May 1990 incident but now continues to experience pain in her lower back and numbness in her left leg if she is on her feet too long. She stated she cannot stand or sit for more than an hour at a time and no longer does any lifting, pushing, or pulling.
Two days after the incident, claimant began treating with Dr. Fischer, a chiropractor. Dr. Fischer diagnosed claimant as suffering from spondylolisthesis at L5 and a disc protrusion. He opined that based on claimant's history of no prior back problems, the May incident most likely caused the spondylolisthesis. Because claimant's pain persisted, Dr. Fischer referred her to Dr. Sheehan for a neurological consult. Dr. Sheehan examined claimant on July 12, 1990, and noted a minimal spondylolisthesis at L5-S1 with bilateral pars defect. While Dr. Sheehan believed this condition could be causing claimant's low back pain, he could not explain her complaints of a stocking-type analgesia because the nerve roots were free. He concluded claimant was not a surgical candidate, but he testified the pain she was experiencing was consistent with the injury she sustained from the May incident. At employer's request, claimant's medical records were reviewed by Dr. Mishkin. He concluded that claimant's spondylosis pre-existed the May incident and did not cause the spondylolisthesis.
The arbitrator determined the May 1990 incident aggravated a pre-existing spondylolisthesis but did not arise out of claimant's employment, as the activities of turning, twist
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