Boyd Electric v. Illinois Workers' Compensation Commission

932 N.E.2d 638, 403 Ill. App. 3d 256, 342 Ill. Dec. 511, 2010 Ill. App. LEXIS 709
CourtAppellate Court of Illinois
DecidedJuly 13, 2010
Docket1-09-0766WC
StatusPublished

This text of 932 N.E.2d 638 (Boyd Electric v. Illinois Workers' Compensation Commission) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boyd Electric v. Illinois Workers' Compensation Commission, 932 N.E.2d 638, 403 Ill. App. 3d 256, 342 Ill. Dec. 511, 2010 Ill. App. LEXIS 709 (Ill. Ct. App. 2010).

Opinion

JUSTICE DONOVAN

delivered the opinion of the court:

Respondent, Boyd Electric, filed a petition for modification of a permanent total disability (PTD) award granted to claimant, William Dee, and sought an order requiring claimant to produce income tax records and earnings records. The Illinois Workers’ Compensation Commission (Commission) (820 ILCS 305/13 (West 2006)), denied respondent’s petition. Respondent filed a timely petition for administrative review in the circuit court of Cook County. The circuit court confirmed the Commission’s decision. On appeal, respondent contends that the decision to deny its petition to modify benefits is contrary to the plain reading of the Illinois Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2006)) and the applicable Illinois law.

On March 16, 2001, claimant suffered an injury to his hip when he lifted a heavy spool of electric cable while performing duties in the course of his employment with respondent. Claimant experienced increasing hip pain that eventually required bilateral hip replacement surgery. He did not return to work for respondent.

Claimant filed an application for adjustment of claim alleging that he sustained a work-related injury on March 26, 2001, while lifting a heavy spool of electrical cable in the course of his employment with respondent. During the evidentiary hearing on September 7, 2006, the parties stipulated that claimant sustained a work-related injury to his hip on March 26, 2001, and that he was not a candidate for vocational rehabilitation. Upon considering the stipulation and the medical records submitted by claimant, the arbitrator found that claimant was permanently and totally disabled under section 8 of the Act (820 ILCS 305/8 (West 2006)). The arbitrator awarded claimant temporary total disability benefits for a period of 2842/? weeks, from March 27, 2001, through September 6, 2006, and a weekly PTD benefit of $866.67 for the remainder of claimant’s life or the duration of the disability. The arbitrator’s decision was filed with the Commission on October 10, 2006.

On June 25, 2008, respondent filed a petition to modify claimant’s benefits pursuant to section 8(f) (820 ILCS 305/8(f) (West 2006)) and alleged that it had made an inquiry into claimant’s “current and recent earnings with counsel for claimant and he has unequivocally refused to provide earnings information.” Respondent claimed that it had a right “to seasonably inquire into either the medical status or earnings of claimant.” Respondent sought an order requiring disclosure of claimant’s current and recent earnings information or a termination of benefits until claimant disclosed the information. Claimant filed a response and asserted that he refused respondent’s request for his income tax records and earnings records on grounds that respondent is not entitled to the records and the requested information is extant.

The Commission considered respondent’s petition for modification of benefits during a hearing on July 14, 2008. There is no record of the proceedings before the Commission, and neither party filed a bystander’s report (210 Ill. 2d R. 323(c)). In an order dated July 14, 2008, the Commission denied respondent’s petition. Respondent filed a petition for administrative review in the circuit court of Cook County. The circuit court confirmed the Commission’s decision. In its written order, the court specifically ruled that respondent was not entitled to review claimant’s tax returns as part of its petition for modification.

On appeal, respondent contends that pursuant to section 8(f) of the Act and King v. Industrial Comm’n, 189 Ill. 2d 167, 724 N.E.2d 896 (2000), it has a right to inquire into the medical status or the earnings of claimant for the purpose of determining whether claimant’s benefits should be modified or terminated. Respondent asserts that section 8(f) allows it to conduct an occasional and timely investigation into claimant’s medical condition or earnings status, and that it merely requested copies of claimant’s income tax returns to verify claimant’s employment and earnings status.

The issue raised in this appeal involves a question of statutory interpretation. Statutory interpretation is a question of law that is reviewed de novo. King, 189 Ill. 2d at 171, 724 N.E.2d at 898.

Section 8(f) of the Act provides in pertinent part:

“In case of complete disability, which renders the employee wholly and permanently incapable of work, or in the specific case of total and permanent disability as provided in subparagraph 18 of paragraph (e) of this Section, compensation shall be payable at the rate provided in subparagraph 2 of paragraph (b) of this Section for life.
If any employee who receives an award under this paragraph afterwards returns to work or is able to do so, and earns or is able to earn as much as before the accident, payments under such award shall cease. If such employee returns to work, or is able to do so, and earns or is able to earn part but not as much as before the accident, such award shall be modified so as to conform to an award under paragraph (d) of this Section. If such award is terminated or reduced under the provisions of this paragraph, such employees have the right at any time within 30 months after the date of such termination or reduction to file a petition with the Commission for the purpose of determining whether any disability exists as a result of the original accidental injury and the extent thereof.” 820 ILCS 305/8(f) (West 2006).

Section 12 of the Act provides in pertinent part:

“An employee entitled to receive disability payments shall be required, if requested by the employer, to submit himself, at the expense of the employer, for examination to a duly qualified medical practitioner or surgeon selected by the employer, at any time and place reasonably convenient for the employee, either within or without the State of Illinois, for the purpose of determining the nature, extent and probable duration of the injury received by the employee, and for the purpose of ascertaining the amount of compensation which may be due the employee from time to time for disability according to the provisions of the Act. An employee may also be required to submit himself for examination by medical experts under subsection (c) of Section 19.” 820 ILCS 305/12 (West 2006).

Section 8(f) sets forth a procedure for seeking modification of a PTD award. See King, 189 Ill. 2d at 172, 724 N.E.2d at 899. In accordance with the plain language of section 8(f), a petition for modification of a PTD award is addressed to whether the employee has returned to work or is able to do so and to the employee’s earnings or ability to earn. King, 189 Ill. 2d at 172, 724 N.E.2d at 899. The employer bears the burden to show that the employee’s award should be modified pursuant to the provisions of section 8(f). King, 189 Ill.

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Related

King v. Industrial Commission
724 N.E.2d 896 (Illinois Supreme Court, 2000)
Girot v. Keith
818 N.E.2d 1232 (Illinois Supreme Court, 2004)
Keystone Steel & Wire Co. v. Industrial Commission
421 N.E.2d 918 (Illinois Supreme Court, 1981)
Chidichimo v. University of Chicago Press
681 N.E.2d 107 (Appellate Court of Illinois, 1997)
Walton v. Illinois Bell Telephone Co.
353 Ill. App. 3d 555 (Appellate Court of Illinois, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
932 N.E.2d 638, 403 Ill. App. 3d 256, 342 Ill. Dec. 511, 2010 Ill. App. LEXIS 709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-electric-v-illinois-workers-compensation-commission-illappct-2010.