Carroll v. Industrial Com'n of Illinois

563 N.E.2d 890, 205 Ill. App. 3d 885, 150 Ill. Dec. 763, 1990 Ill. App. LEXIS 1665
CourtAppellate Court of Illinois
DecidedOctober 26, 1990
Docket1-90-417 WC
StatusPublished
Cited by5 cases

This text of 563 N.E.2d 890 (Carroll v. Industrial Com'n of Illinois) 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
Carroll v. Industrial Com'n of Illinois, 563 N.E.2d 890, 205 Ill. App. 3d 885, 150 Ill. Dec. 763, 1990 Ill. App. LEXIS 1665 (Ill. Ct. App. 1990).

Opinion

JUSTICE McNAMARA

Petitioner, Thomas Carroll, an Idaho resident, sought worker's compensation benefits in Illinois for injuries following a work accident suffered in the State of Washington while working for respondent, Consolidated Freightways. The arbitrator found Illinois jurisdiction under United Airlines, Inc. v. Industrial Comm’n (1983), 96 Ill. 2d 126, 449 N.E.2d 119, and awarded petitioner $520 per week for 30 weeks as temporary total disability benefits. The Industrial Commission affirmed the arbitrator’s decision.

Relying on United States Steel Corp., Gary Works v. Industrial Comm’n (1987), 161 Ill. App. 3d 437, 510 N.E.2d 452, the circuit court reversed the Commission’s decision, holding that the Commission’s finding of Illinois jurisdiction was against the manifest weight of the evidence.

On appeal, petitioner contends that the trial court’s denial of Illinois jurisdiction was against the manifest weight of the evidence and contrary to the law under the Workers’ Compensation Act (the Act) (Ill. Rev. Stat. 1987, ch. 48, par. 138.1(b)(2)).

Petitioner was hired by Consolidated on June 9, 1966, at the Chicago terminal as an over-the-road truck driver for the sleeper team operation. Petitioner was already a member of the Teamsters Union at the time of hiring. Petitioner completed Consolidated’s routine hiring procedures, including filing an employment application, interview, photograph, and physical examination. Consolidated issued petitioner an employee identification number, and he completed a three-week training program at Consolidated’s Akron, Ohio, facility. As an employee of the west sleeper board, petitioner drove to West Coast termináis including Seattle, Portland, Los Angeles and Phoenix.

At the time petitioner was hired in 1966, he resided in Des Plaines, Illinois. Petitioner received Illinois workmen’s compensation benefits in 1967 for a work-related injury which occurred in Indiana. Petitioner moved to Michigan in 1969, but continued to commute to work at the Chicago terminal. Petitioner has not resided in Illinois since 1969.

Consolidated and the union, of which petitioner was a member, instituted a massive change in driver operations in 1970 by converting the sleeper operation to a single-man relay system. As a result of this operational change, 219 of the 311 road driver positions in the Chicago terminal were eliminated. Petitioner was approximately number 150 to 160 on the driver’s seniority list. Bids were awarded based on choice and seniority. Thus, while petitioner could have bid for the Chicago terminal, he was not guaranteed a position. Petitioner also testified that the possibility existed that he would have gone on layoff status if he did not have enough seniority. Following the change of operation, only 92 drivers remained in Chicago.

Petitioner testified that he was presented with a bid list to different Consolidated terminals and that he successfully bid out of the Chicago terminal to North Platte, Nebraska. Consolidated paid for petitioner’s move from Michigan to Nebraska.

Petitioner testified that Consolidated guaranteed he would have a job when he arrived in Nebraska. He also remained a member of the union. Petitioner’s employee number and seniority status remained the same, and he was not required to complete a new application, photograph or physical examination. As a Nebraska resident from 1971 through 1978, petitioner owned a home, voted, paid Nebraska income taxes, and held a valid Nebraska driver’s license.

Consolidated instituted another change in operations in 1978, eliminating 66 of a total of 321 drivers in the Nebraska terminal. Petitioner testified that he could have either remained in Nebraska, or accepted a transfer to Minnesota, North Dakota or Idaho. Petitioner requested Idaho and testified that he was guaranteed a job when he reported to the Idaho terminal. Consolidated again paid for his move from Nebraska to Idaho. Similar to the Nebraska transfer, petitioner retained his employee identification number and seniority status, and was not required to complete a new job application, photograph, or physical examination.

The facts of petitioner’s work injury are undisputed-. Petitioner was injured on March 8, 1988, in Kent, Washington, while trying to unhook a converter dolly from a trailer, striking his head, neck and back. Petitioner subsequently underwent neck surgery and physical therapy. Consolidated paid petitioner’s medical bills and accepted petitioner’s claim for temporary total disability benefits under Idaho law.

Petitioner contends that the trial court erred when it found no basis for Illinois jurisdiction. The Act covers employees who are “in the service of another under any contract of hire, express or implied, oral or written, including persons whose employment is outside of the State of Illinois where the contract of hire is made within the State of Illinois.” (Ill. Rev. Stat. 1987, ch. 48, par. 138.1(b)(2).) The place where the last act necessary to give validity to the contract occurs is the place where the contract is made. Youngstown Sheet & Tube Co. v. Industrial Comm’n (1980), 79 Ill. 2d 425, 404 N.E.2d 253.

Petitioner claims that because his contract of hire was executed in Illinois in 1966, Illinois jurisdiction is proper under a contract of hire theory. In addition, petitioner contends that because the only employment application he ever filed with Consolidated was completed in Illinois, his employee identification was issued in Illinois, and his seniority date with Consolidated began in 1966, his employment has been continuous and uninterrupted since that time.

Petitioner maintains that this case most closely resembles United Airlines, Inc. v. Industrial Comm’n. In that case, the court held that Illinois had jurisdiction over a claim where the employment contract was made in Illinois and the claimant had voluntarily transferred to the employer’s facility in California prior to injury. Upon transferring, he did not undergo the same extensive hiring process as when originally hired in Illinois. His employee identification number remained the same, as did his seniority status; and if he failed to successfully complete a 90-day probation period in California, he had the right to resume his former duties in Illinois.

We find, however, that the facts in this claim are distinguishable from those in United Airlines. While the claimant in United Airlines and petitioner here were both hired in Illinois, the employment contract itself is but one factor the court weighs in determining whether Illinois jurisdiction is proper. We find that the trial court properly held the facts in this case most closely follow United States Steel Corp., Gary Works v. Industrial Comm’n.

In United States Steel Corp., the court focused upon whether or not the transfer was voluntary.

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Related

Mahoney v. Industrial Commission
843 N.E.2d 317 (Illinois Supreme Court, 2006)
Mahoney v. Industrial Commission
823 N.E.2d 110 (Appellate Court of Illinois, 2005)
Burtis v. Industrial Commission
656 N.E.2d 450 (Appellate Court of Illinois, 1995)
United Airlines v. Industrial Commission
627 N.E.2d 1104 (Appellate Court of Illinois, 1993)

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Bluebook (online)
563 N.E.2d 890, 205 Ill. App. 3d 885, 150 Ill. Dec. 763, 1990 Ill. App. LEXIS 1665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-v-industrial-comn-of-illinois-illappct-1990.