MOUNT VERNON — The Fifth District Appellate Court has affirmed a decision to deny a woman benefits in a workplace injury case, according to the May 4 ruling.
The appellate court affirmed former Madison County Circuit Judge John Barberis, who is now seated at the Fifth District, in Susanne Mitchell’s appeal of an Illinois Workers’ Compensation Commission decision.
Barberis had ruled that Mitchell’s lumbar spine condition was not directly connected to the injury she sustained at Gateway Regional Medical Center in July 2013. He also affirmed the commission’s decision not to provide Mitchell benefits under the Workers’ Compensation Act for temporary total disability (TTD) and medical expenses after August 2013.
The appellate court panel held that it agreed with the commission that Mitchell’s spine condition wasn’t related to a hip injury she experienced while at Gateway. It pointed out Mitchell gave up her right to object to the commission’s decision when she didn't comply with Supreme Court Rule 341.
The ruling states an appellant must provide “[a] statement of the issue or issues presented for review” and “a concise statement of the applicable standard of review for each issue.” It also requires the appellant to provide an argument that explains the “contentions” that clearly outline the issue the appellant has with the decision.
The panel pointed out that Mitchell did not provide the required statements for the issue of causation she wanted the court to review or a law that could back it. It also held that Mitchell’s July 19 accident at work “did not aggravate, accelerate, or otherwise exacerbate” the lumbar spine condition she had before the incident, according to Dr. Robert J. Bernardi, a spinal neurosurgeon. Considering this, the panel rejected Mitchell’s argument.
Mitchell had also argued the commission ruled incorrectly when it stated she reached the maximum medical improvement (MMI), which led to the commission ending her TTD benefits and medical expense payments, but the appellate court rejected that argument. It pointed out the commission said Mitchell reached her MMI on Aug. 5, 2013. It was the same day she went back to work without any restrictions before her employment was terminated.