Greenlee Tool v. Industrial Commission

614 N.E.2d 900, 245 Ill. App. 3d 500, 185 Ill. Dec. 459, 1993 Ill. App. LEXIS 780
CourtAppellate Court of Illinois
DecidedJune 3, 1993
Docket2-92-1088WC
StatusPublished
Cited by3 cases

This text of 614 N.E.2d 900 (Greenlee Tool 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
Greenlee Tool v. Industrial Commission, 614 N.E.2d 900, 245 Ill. App. 3d 500, 185 Ill. Dec. 459, 1993 Ill. App. LEXIS 780 (Ill. Ct. App. 1993).

Opinion

JUSTICE McCUSKEY

delivered the opinion of the court:

The petitioner, Raymond Allen, filed two workers’ compensation claims against the respondent, Greenlee Tool (Greenlee). He sought to recover damages for neck and arm injuries he allegedly suffered in two separate work-related accidents. Allen claimed the first accident occurred on April 1, 1985, and that the second accident occurred on April 9, 1986. This opinion will resolve the issues on appeal arising from the 1985 accident.

Greenlee had different insurance carriers providing coverage for the two accidents. Greenlee’s insurer at the time of the first accident was Firemen’s Fund Insurance Company (Firemen’s Fund). Coverage for the second accident was held by Cigna.

On September 15, 1988, the claims were consolidated on the petitioner’s request and both proceeded to arbitration. No attorney was present at the arbitration hearing to represent Greenlee on the 1985 claim. The arbitrator determined that the 1985 claim should proceed ex parte.

Following a hearing, the arbitrator ruled that the petitioner had sustained a compensable injury on April 1, 1985, and awarded the petitioner a permanency award of 10% of a man as a whole. Additionally, the petitioner was awarded temporary total disability benefits from April 2,1985, through May 7,1985.

On review, the Illinois Industrial Commission (Commission) denied Greenlee’s motion to set aside the arbitrator’s ex parte decision. The Commission reduced the injury award from 10% to 5% of a man as a whole. The Commission affirmed the arbitrator’s decision in all other respects. The circuit court confirmed the Commission’s decision. Greenlee appeals. For the reasons which follow, we reverse and remand the cause to the Commission.

At the September 15, 1988, arbitration hearing, Gregory Sujack was the attorney representing Greenlee on the 1986 accident. Sujack told the arbitrator that he was only there to represent Greenlee on the 1986 claim.

Counsel for the petitioner told the arbitrator that there had been service upon Greenlee for the 1985 claim. Petitioner’s counsel then explained to the arbitrator that he had telephoned Firemen’s Fund the morning of the hearing and gave it notice that he intended to proceed on the 1985 claim. According to petitioner’s counsel, Fireman’s Fund did not react in any way or ask for a continuance. The arbitrator then directed petitioner’s counsel to proceed on both claims.

Following the presentation of evidence, the arbitrator found the petitioner had suffered a compensable injury on April 1, 1985, and awarded the benefits previously indicated. Greenlee subsequently filed a petition for review with the Commission as well as a motion to set aside the arbitrator’s ex parte decision.

At the hearing before the Commission, Greenlee sought to set aside the arbitrator’s ex parte decision. Greenlee’s attorney at the hearing before the Commission was assigned by its insurance carrier, Fireman’s Fund. Greenlee presented the affidavit of Sandra Molitor. She managed Greenlee’s workers’ compensation cases during the period of time in question. Her affidavit stated that Greenlee had never received an application for adjustment of claim relating to the April 1, 1985, injury. Molitor further asserted that Greenlee had never received either a request for hearing form or a stipulation sheet setting the case for hearing on September 15, 1988. Therefore, Greenlee argued that it had not received notice of the arbitration hearing.

From his own file, the petitioner produced his copy of the application for adjustment of claim for the April 1, 1985, accident. Attached to the application was a proof of service form which indicated that Mary Louise McElree had mailed a copy of the document to Greenlee. The petitioner also produced a copy of a notice of hearing which allegedly was from the Commission’s file. The notice of hearing was for an initial status hearing concerning the April 1, 1985, accident. The notice indicated that the status hearing was to be held on August 14, 1986. The petitioner argued that the Commission through its “system” would have sent Greenlee a copy of the notice of hearing.

The petitioner also presented the testimony of attorney John Shepherd. He stated that he previously represented Greenlee in other workers’ compensation cases. Shepherd said that on the date of the arbitration hearing counsel for the petitioner approached him to discuss the situation. Thereafter, Shepherd telephoned Sandra Molitor, who managed Greenlee’s workers’ compensation cases. Shepherd informed Molitor that there was a case pending against Greenlee which was set before the arbitrator that day. Shepherd said he was totally unfamiliar with the case. He stated that he did not tell Molitor the name of the petitioner since he did not know it. Shepherd said that he did not file an entry of appearance in the 1985 case or request a continuance on behalf of Greenlee. After hearing this evidence, the Commission noted that an arbitrator has the burden to keep cases moving and reserved any ruling until the remainder of the evidence was presented.

Following the presentation of additional evidence, the Commission denied Greenlee’s motion to set aside the arbitrator’s ex parte decision. The Commission then reduced the petitioner’s injury award. It affirmed the arbitrator’s decision in all other respects. Thereafter, the circuit court of De Kalb County confirmed the Commission’s decision.

On appeal, Greenlee argues that the Commission erred in denying its motion to set aside the ex parte decision of the arbitrator. Green-lee first contends that it did not receive notice of the arbitration hearing as required by section 7030.20(b)(2)(B) of the Illinois Administrative Code (Code) (50 Ill. Adm. Code §7030.20(b)(2)(B) (1985)).

In pertinent part, section 7030.20(b)(2)(B) of the Code provides that if there is no agreement between the parties on setting a trial date, the petitioner may file a motion requesting a hearing. The petitioner’s motion should be accompanied by a request for hearing form which is provided by the Commission and sets forth the petitioner’s claims. If the arbitrator determines that the matter should proceed to trial, he shall set the matter for trial on a date 15 days or more after the opposing party has received a completed request for hearing form. If the lawyer for any party fails without good cause to appear at the motion hearing, the arbitrator will hear the motion ex parte. Also, if the matter is ready for trial, the arbitrator will set a trial date convenient to the arbitrator and the party that appeared at the motion hearing. However, the Code provides that in no event shall the trial date be less than 15 days from the receipt by the opposing party of the request for hearing form.

Here, Greenlee contends that the above-noted section of the Code was clearly applicable and prohibited the arbitrator from proceeding to an ex parte hearing. We agree. Greenlee points out that it presented as evidence the affidavit of Sandra Molitor which attested that Greenlee never received the required request for hearing form or the petitioner’s application for adjustment of claim. As a result, Greenlee asserts that it did not receive the statutorily required notice of the arbitration hearing.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People Ex Rel. Devine v. $30,700.00 United States Currency
736 N.E.2d 137 (Appellate Court of Illinois, 2000)
People v. Smith
656 N.E.2d 797 (Appellate Court of Illinois, 1995)
Upchurch v. Industrial Commission
634 N.E.2d 434 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
614 N.E.2d 900, 245 Ill. App. 3d 500, 185 Ill. Dec. 459, 1993 Ill. App. LEXIS 780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenlee-tool-v-industrial-commission-illappct-1993.