City of Springfield v. Industrial Commission

573 N.E.2d 836, 214 Ill. App. 3d 301, 158 Ill. Dec. 23, 1991 Ill. App. LEXIS 732
CourtAppellate Court of Illinois
DecidedMay 7, 1991
Docket4-90-0483WC
StatusPublished
Cited by4 cases

This text of 573 N.E.2d 836 (City of Springfield v. Industrial 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
City of Springfield v. Industrial Commission, 573 N.E.2d 836, 214 Ill. App. 3d 301, 158 Ill. Dec. 23, 1991 Ill. App. LEXIS 732 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

Claimant suffers from a stress-related mental disease. The arbitrator and Industrial Commission (Commission) awarded temporary total disability benefits. The City of Springfield appeals, contending claimant failed to establish he suffered from a compensable occupational disease.

Claimant was employed by the Springfield fire department for 17 years. For the last 5V2 years of that employment, he was a fire inspector with the rank of captain. Prior to becoming an inspector, he was an engine company captain. Claimant’s duties as a fire inspector involved reviewing plans for fire protection and safety in new and remodeled buildings, responding to complaints of fire hazards in various facilities, and inspecting premises for violations of the fire code. Claimant testified that for the last four years of his employment, he experienced stress-related problems while on the job and sought help from Dr. Sutherland, a psychiatrist. Claimant experienced symptoms of disorientation and a panicky feeling as if he were falling out of a building. When these panic attacks occurred, claimant would have to catch his breath because he felt as if there were a rope around his neck and he could not breathe.

Claimant testified to difficulties in four general areas associated •with his employment: workload, politics, interpretation of rules, and discrimination by supervisors.

WORKLOAD

In December 1987, another safety department inspector was transferred out of the unit. Claimant stated that he was required to assume the duties of the former employee in addition to his own. Claimant’s normal territory involved Springfield’s largest shopping center, White Oaks Mall; a smaller commercial development close to the mall, White Oaks Plaza; and a large area on the west and south side of the city into which numerous housing and building developments were being added. In addition, claimant coordinated two public service programs within the department and, on occasion, would be required to respond to complaints or emergencies anywhere within the city limits.

The duties added to claimant’s workload after the other inspector’s departure included all State-occupied buildings which were privately owned and all Illinois Bell telephone, AT&T, and Western Electric facilities in the city.

Because of the increased workload, claimant was unable to keep up with his paperwork and stated his increased anxiety made it hard for him to function. He testified that Chief Koke, an assistant fire marshal and one of claimant’s immediate supervisors, would assign him additional properties not in his original district because, in Koke’s words, the other inspectors in the department were incompetent and only claimant could handle the projects. Claimant stated he was also told by his other supervisor, Chief Beagles, that White Oaks Mall and White Oaks Plaza were of sufficient size that they, alone, would be a full-time job for a single inspector.

Claimant testified that although new inspectors were brought into the department from time to time, claimant’s workload was not decreased and, although he asked for relief, Chief Koke told him to take vacation or sick time. Claimant also stated that Chief Beagles told him, when claimant announced he was quitting his job, that Beagles was sorry to see claimant leave and realized the workload was stressful.

POLITICS

In 1987, an election was held for the director of the city Office of Public Safety, which oversaw the fire department. Although claimant was not active in politics, he supported the incumbent’s rival. According to claimant, during the campaign, the director’s campaign manager, who was not an employee of the department, approached claimant and told him to stop supporting the director’s opponent because the director would be reelected, heads would fly, and claimant did not want his to be one of them.

Claimant testified that Chief Knox, head of the training division of the department, made a strong, personally derogatory “political and religious” comment to claimant. After this incident, claimant went to his doctor because he felt extremely stressed and had chest pains. Although Knox was subsequently verbally reprimanded for the comment, claimant also received a reprimand because he attempted to file a grievance with the city civil service commission, which did not have jurisdiction over Knox. This caused claimant additional stress.

APPLICATION OF BUILDING AND FIRE CODES

Claimant testified that throughout the period he was an inspector, there was confusion over whether the codes were being applied equally to all people. On one occasion, upon his return from vacation, claimant discovered that a newly constructed State-occupied but privately owned building had received a full occupancy permit despite a number of fire code violations. Claimant testified that Chief Koke told him that the chief had signed off on the building because its owner was losing interest because of the continued vacancy of the building. The owner was a politically active member of the Springfield community.

Claimant stated that the building code for the city was also not uniformly enforced and there was confusion between the building department and the fire department over which codes applied. On one occasion, while claimant was at a Presbyterian home conducting an inspection, the director of building supervisors for the city confronted claimant and, in the presence of several other individuals, verbally abused claimant and the fire department about its application of the fire code rules to various structures.

TRAINING

Claimant testified he repeatedly asked for permission to attend classes and receive schooling in various aspects of fire safety. These requests were always denied. Schools were conducted at a site in Maryland and would last from two to three weeks. Claimant stated that Chief Knox, the director of the training division, saw to it that claimant was not permitted to attend this academy. Other inspectors in the department, including some with less experience than claimant, had been permitted to attend various schools on several occasions. Claimant also stated that he requested to be transferred to the training division or public relations but that the request was denied. Claimant also stated he was told that transfers were granted only to people who had “schooling.”

ANALYSIS

On cross-examination, claimant admitted he was aware of the process for .filing a grievance over Chief Knox’s comments and that he purposely refused to follow this course because he did not believe that grieving under the union contract would end this type of harassment. Claimant also acknowledged that the building commissioner’s comments to him at the Presbyterian home were directed against the entire fire department in general as much as they were against claimant personally. The fire safety division of the department and the building department never got along because of inconsistencies between the two city codes which could not be reconciled. Claimant admitted he was not the only inspector who was involved in disputes over the application or interpretation of these codes.

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Bluebook (online)
573 N.E.2d 836, 214 Ill. App. 3d 301, 158 Ill. Dec. 23, 1991 Ill. App. LEXIS 732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-springfield-v-industrial-commission-illappct-1991.