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Efremidis v. Industrial Comm'n

Case Date: 10/18/1999
Court: Industrial Commission
Docket No: 1-98-1347WC

Efremidis v. Industrial Comm'n, No. 1-98-1347WC

1st District, October 18, 1999

Industrial Commission Division

ANNA MARIE EFREMIDIS, Widow of Dimitrius Efremidis, Deceased,

Appellant,

v.

THE INDUSTRIAL COMMISSION et al.

(R.G. Construction Services, Inc., Appellee).

 Appeal from the Circuit Court of Cook County.

Honorable Thomas P. Quinn, Judge Presiding.

JUSTICE RAKOWSKI delivered the opinion of the court:

Claimant Anna Marie Efremidis, widow of Dimitrius Efremidis, filed an application for adjustment of claim pursuant to the Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 1996)), alleging that her husband suffered a fatal heart attack that arose out of and in the course of his employment with employer R.G. Construction Services, Inc. The arbitrator awarded death benefits pursuant to section 7 of the Act (820 ILCS 305/7 (West 1998)). The Industrial Commission (Commission) reversed, holding that decedent's heart attack did not arise from his employment. The trial court confirmed the Commission's decision, and this appeal followed. Because we find the manifest weight of the evidence supports the finding that decedent's heart attack did not arise from his employment, we affirm.

I. FactsDecedent was a construction laborer for employer. When decedent died, he was 47 years old, was five feet tall, and weighed 156 pounds. Decedent smoked cigarettes regularly and drank occasionally. Although he was advised to stop smoking and drinking due to hypertension and chest pains, he failed to follow this advice. He also quit taking the prescribed medications for these conditions because of side effects.

The weekend before decedent's death was the Labor Day holiday, which he and claimant spent vacationing. Claimant testified that decedent was not ill over the weekend. The following Tuesday morning, September 7, 1993, claimant and decedent awoke at approximately 4:15 a.m. and drank some coffee before decedent left for work at 4:45 a.m. Claimant prepared a lunch for decedent consisting of a sandwich, cookies, fruit juice, and water. Claimant testified that decedent was happy and talkative and did not appear sick.

At work that day, decedent and his coworker, Antonio Rosales, began a new project for employer involving the installation of a synthetic plaster system on the exterior of a new retail store. Both were responsible for transporting and setting up scaffolding along one side of the new building.

Rosales testified that when he arrived at employer's facility at approximately 6:30 a.m., decedent was there waiting for him. Soon after, he and decedent began loading the scaffolding equipment onto a truck with a flatbed measuring 8 feet by 14 feet. Rosales estimated that it took them 1