Find Legal Information

Illinois Consolidated Telephone Co. v. IC, No. 5-99-0020WC

5th District, 15 June 2000

INDUSTRIAL COMMISSION DIVISION

JUSTICE RARICK delivered the opinion of the court:

Linda Budd (claimant) sought benefits pursuant to the Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 1992)) for injuries sustained to her left ankle on October 8, 1992, while in the employ of Illinois Consolidated Telephone Company (employer). The arbitrator concluded that claimant sustained an accident arising out of her employment and awarded her temporary total disability of 2 and 3/7 weeks, medical expenses, and 15% permanent partial disability to the left foot. On appeal, the Industrial Commission (Commission) adopted and affirmed the decision of the arbitrator, with a special concurrence, and the circuit court of Montgomery County confirmed the decision of the Commission. Employer appeals contending the Commission incorrectly determined that claimant's injury arose out of her employment.

On October 8, 1992, claimant was a 38-year-old office worker who had worked for employer some 23 years. On this date, claimant fell descending steps between the first and second floors of the office building and fractured her left ankle. Claimant had left her work area on the first floor and gone upstairs to the second floor to use the women's restroom. There was no women's restroom on the first floor, and the stairs were the sole means of going and coming from the restroom. On her way back down the stairs, she fell on the landing of the stairway located midway from the top to the bottom. Claimant testified she did not know if she slipped on the last step before the landing or on the landing itself. The only thing she did know was that she ended up sitting on the landing. She further testified there was nothing out of the ordinary about the size or angle of the stairs. There were handrails along the stairs but not on the landing between the flights. The steps had rubber treads, although some may have been worn, and the landing consisted of waxed tile flooring. She did not see any liquid or anything else on the floor of the stairway before she fell, and she was not able to see anything after the fall because her glasses fell off. Claimant was wearing shoes with heels of 1 to 1