First Cash Financial Services v. Industrial Commission

853 N.E.2d 799, 367 Ill. App. 3d 102, 304 Ill. Dec. 722, 2006 Ill. App. LEXIS 645
CourtAppellate Court of Illinois
DecidedJuly 26, 2006
Docket1-05-3403 WC
StatusPublished
Cited by14 cases

This text of 853 N.E.2d 799 (First Cash Financial Services 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
First Cash Financial Services v. Industrial Commission, 853 N.E.2d 799, 367 Ill. App. 3d 102, 304 Ill. Dec. 722, 2006 Ill. App. LEXIS 645 (Ill. Ct. App. 2006).

Opinions

JUSTICE HOFFMAN

delivered the opinion of the court:

First Cash Financial Services (First Cash) appeals from an order of the circuit court of Cook County confirming a decision of the Industrial Commission (Commission), now known as the Illinois Workers’ Compensation Commission (see 820 ILCS 305/12 (West 2004)), which awarded the claimant, Betsy Rios, benefits in connection with her application for adjustment of claim under the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2002)). For the reasons that follow, we reverse the judgment of the circuit court.

The following facts relevant to our resolution of this appeal are taken from the evidence presented at the arbitration hearing.

In approximately February of 2002, the claimant was employed by First Cash as a cash advance loan teller. On August 8, 2003, as the claimant was getting ready to leave work at approximately 4 p.m., she went into the employee bathroom to retrieve a container she used to bring her lunch. The bathroom was approximately five feet by seven feet, contained a ceramic tile floor, and was not accessible to the general public.

When the claimant entered the bathroom, she slipped and fell, injuring her left arm. The claimant testified that she did not know what caused her to slip and did not observe anything on the floor. She did not faint or black out. The claimant was wearing open-toe sandals with three- to four-inch heels. No one witnessed the claimant’s fall.

The claimant was taken by ambulance to the West Suburban Hospital, where she was treated by Dr. Greg Crovetti. She was diagnosed with a dislocation of her left elbow, her arm was placed in a sling, and she was admitted to the hospital overnight for observation.

The claimant sought follow-up care from Dr. Crovetti. Dr. Crovetti placed the claimant’s arm in a cast and recommended physical therapy. The claimant remained off work until October 6, 2003, when she returned to her duties as a teller.

Four of the claimant’s coworkers testified at the hearing. Each of these employees testified that he or she did not observe any debris or water on the bathroom floor on August 8, 2003. When asked to describe the general condition of the bathroom floor, one First Cash employee, Damariz Rosa, stated that the “most you can see on there is probably hair that you drop off your head.” Two of the coworkers, Jessica Montanez and Joevani Torres, testified that all the employees took turns cleaning the bathroom, but neither was able to remember when the bathroom was last cleaned prior to August 8, 2003.

David Atkins, an engineering consultant, testified on behalf of First Cash. On November 24, 2003, Atkins conducted tests on the bathroom floor tiles. The tests showed that the slip resistance of the tiles was within national safety standards. Prior to testing, Atkins cleaned the tiles with distilled water and a paper towel. Atkins also took a series of photographs of the bathroom floor on November 24, 2003. These photographs were introduced into evidence.

Following the hearing, an arbitrator found that the claimant sustained accidental injuries on August 8, 2003, arising out of and in the scope of her employment with First Cash and that her current condition of ill-being is causally related to the injuries she sustained on August 8, 2003. Specifically, the arbitrator determined that it was immaterial that the claimant was wearing sandals with three- to four-inch heels. He also found that, because the bathroom tiles had not been cleaned prior to the claimant entering the bathroom, Atkins’ testimony that the bathroom tiles, when cleaned and dried, are slip-resistant had no probative value. The arbitrator further noted that no evidence was presented showing “that the bathroom tiles were dry or free of hair, dust, debris, powder, make-up, tissue, oil, water droplets or of the many other possible substances.” The arbitrator awarded the claimant temporary TTD benefits for a period of 82/? weeks and ordered First Cash to pay $9,032.06 for medical expenses incurred by the claimant.

First Cash filed a petition for review of the arbitrator’s decision before the Commission. In a decision signed by two commissioners, the Commission, without further analysis, affirmed and adopted the arbitrator’s decision.

First Cash then filed a petition for judicial review of the Commission’s decision in the circuit court of Cook County. The circuit court confirmed the Commission’s decision, and this appeal followed.

First Cash argues that the Commission erred in finding that the claimant sustained accidental injuries arising out of her employment on August 8, 2003. It asserts that the only reasonable inference that can be drawn from the evidence is that the claimant’s fall was caused by her footwear combined with the fact that she was trying to quickly retrieve a personal item she had forgotten before leaving work.

If the facts are undisputed and are susceptible to only a single reasonable inference, the question of whether an injury arose out of the claimant’s employment is one of law to be reviewed de novo. Caterpillar Tractor Co. v. Industrial Comm’n, 129 Ill. 2d 52, 60, 541 N.E.2d 665 (1989). However, if more than one inference may be drawn from the undisputed facts, the Commission’s determination will not be disturbed unless it is against the manifest weight of the evidence. Brady v. Louis Ruffolo & Sons Construction Co., 143 Ill. 2d 542, 549, 578 N.E.2d 921 (1991). We believe that the material facts in this case are not in dispute, and different inferences could not be drawn regarding the issue of whether the claimant proved that her injury arose out of her employment.

A claimant bears the burden of proving by a preponderance of the evidence that her injury arose out of and in the course of the employment. 820 ILCS 305/2 (West 2002). Both elements must be present in order to justify compensation. Illinois Bell Telephone Co. v. Industrial Comm’n, 131 Ill. 2d 478, 483, 546 N.E.2d 603 (1989). In this case, First Cash only challenges the “arising out of’' component.

Arising out of the employment pertains to the origin or cause of a claimant’s injury. William G. Ceas & Co. v. Industrial Comm’n, 261 Ill. App. 3d 630, 636, 633 N.E.2d 994 (1994). In order to determine whether a claimant’s injury arose out of her employment, we must first categorize the risk to which she was exposed. The risks to which an employee may be exposed are categorized into three groups: (1) risks distinctly associated with employment; (2) risks personal to the employee, such as idiopathic falls, and (3) neutral risks that have no particular employment or personal characteristics. Illinois Consolidated Telephone Co. v. Industrial Comm’n, 314 Ill. App.

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First Cash Financial Services v. Industrial Commission
853 N.E.2d 799 (Appellate Court of Illinois, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
853 N.E.2d 799, 367 Ill. App. 3d 102, 304 Ill. Dec. 722, 2006 Ill. App. LEXIS 645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-cash-financial-services-v-industrial-commission-illappct-2006.