Board of Education v. Industrial Commission

416 N.E.2d 237, 83 Ill. 2d 475, 48 Ill. Dec. 206, 1981 Ill. LEXIS 217
CourtIllinois Supreme Court
DecidedJanuary 20, 1981
DocketNos. 52764, 52774 cons.
StatusPublished
Cited by6 cases

This text of 416 N.E.2d 237 (Board of Education v. Industrial Commission) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Education v. Industrial Commission, 416 N.E.2d 237, 83 Ill. 2d 475, 48 Ill. Dec. 206, 1981 Ill. LEXIS 217 (Ill. 1981).

Opinion

MR. JUSTICE RYAN

delivered the opinion of the court:

These consolidated workmen’s compensation cases are before us on direct appeal from the circuit court of Cook County pursuant to our Rule 302(a). 73 Ill. 2d R. 302(a).

Beatrice L. Robinson, claimant, was employed by the board of education of the city of Chicago in March 1971 as a stenographer in the legal department. She filed two applications for adjustment of claims pro se with the Industrial Commission. The claims were heard together in a prolonged series of hearings before three different arbitrators. Although the applications were filed pro se, the claimant was represented by counsel during most of the hearings. However, before their conclusion, she discharged her attorney and proceeded pro se. Although the claims were heard as a consolidated case, the arbitrator issued two separate findings and orders as did the Industrial Commission on review. In this opinion we will refer to the two claims as the 1971 claim and the 1972 claim.

As to the 1971 claim, the arbitrator found that the claimant had suffered accidental injuries arising out of and in the course of her employment on the 1st, 20th, and 29th days of October and on the 14th day of December 1971. The claimant was awarded 7 4/7 weeks of compensation for temporary total disability and 4314 weeks of compensation as permanent disability for 10% loss of use of her right arm and 10% loss of use of her right leg. She was also awarded $1,200.72 medical expenses. In the 1972 case the arbitrator found that the claimant had suffered an accidental injury arising out of and in the course of her employment on October 3, 1972, and awarded her 64 weeks of compensation for temporary total disability. Although the arbitrator found that the necessary medical expenses had not been provided by the employer, no order was made with regard to the payment of them.

On review of both of the cases, the Industrial Commission, by way of adjustment, set aside the awards of the arbitrator. In both cases it found that the claimant had suffered accidental injuries on the same dates that the arbitrators had found. However, the awards for 10% permanent loss of use of the right arm and right leg were removed from the award in the 1971 case and added to the award in the 1972 case. Thus in the 1971 case the Commission found that the claimant suffered accidental injuries on the 1st, 20th, and 29th days of October and the 14th day of December 1971, and besides the medical expenses, awarded her 7 4/7 weeks of compensation for temporary total disability. In the 1972 case, the Commission found that the claimant suffered an accidental injury on October 3, 1972, and awarded her 64 weeks’ compensation for temporary total disability and 4314 weeks of compensation for 10% permanent loss of use of her right leg and 10% loss of use of her right arm. The Commission likewise made no award for medical expenses in the 1972 case. The circuit court of Cook County confirmed the award as to the 1971 case, but reversed the award as to the 1972 case.

While it is primarily within the province of the Industrial Commission to determine the credibility of the witnesses and to determine issues of fact, it is nevertheless the duty of the court to weigh and consider evidence in the record, and if it is found that the decision of the Commission is against the manifest weight of the evidence, it will be set aside. (Corn Products Refining Co. v. Industrial Com. (1955), 6 Ill. 2d 439, 443.) The burden is upon the claimant to establish the essential elements of her claim by a preponderance of credible evidence, particularly the prerequisite that her injury arose out of and in the course of her employment. (Hannibal, Inc. v. Industrial Com. (1967), 38 Ill. 2d 473, 475.) Even though there is evidence in the record which, if undisputed, would sustain the claim, such evidence is not sufficient if, on a consideration of all the testimony and circumstances shown in the record, it appears that the manifest weight of the evidence is against such finding. (Corn Products Refining Co. v. Industrial Com. (1955), 6 Ill. 2d 439, 443; State House Inn v. Industrial Com. (1965), 32 Ill. 2d 160, 164.) Although the testimony of the claimant standing alone is sufficient to sustain an award, that testimony must be considered with all the evidence in the record. The burden of proof is upon the claimant, and unless the evidence, considered in its entirety, shows the injury arose out of and in the course of the employment, there is no right to recover under the Act. (Revere Paint & Varnish Corp. v. Industrial Com. (1968), 41 Ill. 2d 59, 63.) The established principles of compensation law stated in these cases compel us to hold that the decisions of the Industrial Commission in both the 1971 case and the 1972 case were against the manifest weight of the evidence.

It is difficult to determine the nature of the injuries for which the claimant seeks to recover and the circumstances in which they were incurred. In her application for adjustment of claim in the 1971 case, she referred to “incident - injuries,” and not accidental injuries over a three-month period and alleged that she was “verbally assaulted” by various coemployees. Her testimony covers a wide range of complaints. She testified that she was over-trained and overexperienced for the job and was a speedy typist. According to her testimony, the other stenographers in the pool were inefficient. She contends that there was a conspiracy among the other stenographers. She said that they were vulgar and would stand over her and shout, using obscene and racist language, bump against her typewriter and even exchange her “fast typewriter” for a “broken-down” one, all in order to harass her and lessen her work efficiency.

Claimant alleges that, as a result of these verbal assaults and harassments, she suffered extreme nervousness. In Pathfinder Co. v. Industrial Com. (1976), 62 Ill. 2d 556, this court reviewed its previous holdings where recovery had been allowed under the Workmen’s Compensation Act for psychological disabilities, noting that in those cases recovery had only been allowed where the psychological disability arose from an accident that also involved physical contact or injury. In Pathfinder, this court, for the first time, allowed recovery on the basis of a psychological injury alone. There is in our case simply no evidence that will support a claim for a psychological disability under either the holding in Pathfinder or the decisions of this court prior to that case. The claimant’s testimony was the only evidence as to her physical injuries. Her complaints are all subjective, and there is no objective evidence of any injury or disability. Likewise, her testimony is the only evidence that connects her nervous disorder with her employment.

In the 1971 case the Commission found that the plaintiff sustained accidental injuries on four dates: October 1, 20, and 29, and December 14, 1971. The evidence concerning the occurrences on these dates is conflicting. The claimant contends that on October 1, 1971, she was in the library of the legal department of the board of education talking on the telephone to an attorney about a “very important matter” when her supervisor, Mrs. Loretta Mikula, shouted and screamed at her to get off the telephone and to go to take dictation from one of the attorneys in the office. She stated that Mrs. Mikula followed her down the hall to the attorney’s office and stood outside of the door shouting at her until another attorney came out of his office and told Mrs.

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Bluebook (online)
416 N.E.2d 237, 83 Ill. 2d 475, 48 Ill. Dec. 206, 1981 Ill. LEXIS 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-v-industrial-commission-ill-1981.