Gurnitz v. LASITS-ROHLINE SERVICE INC.

859 N.E.2d 1156, 307 Ill. Dec. 479, 368 Ill. App. 3d 1129, 2007 Ill. App. LEXIS 22
CourtAppellate Court of Illinois
DecidedJanuary 12, 2007
Docket3-06-0216
StatusPublished
Cited by2 cases

This text of 859 N.E.2d 1156 (Gurnitz v. LASITS-ROHLINE SERVICE INC.) 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
Gurnitz v. LASITS-ROHLINE SERVICE INC., 859 N.E.2d 1156, 307 Ill. Dec. 479, 368 Ill. App. 3d 1129, 2007 Ill. App. LEXIS 22 (Ill. Ct. App. 2007).

Opinion

859 N.E.2d 1156 (2006)
307 Ill.Dec. 479

John GURNITZ, Petitioner-Appellant,
v.
LASITS-ROHLINE SERVICE INC., Respondent-Appellee.

No. 3-06-0216.

Appellate Court of Illinois, Third District.

December 6, 2006.
As Modified Upon Denial of Rehearing January 12, 2007.

Peter F. Ferracuti, Thomas M. Strow (argued), Law Offices of Peter F. Ferracuti, P.C., Ottawa, for John Gurnitz.

*1158 Jonathan J. Heiple (argued), Jeremy H. Heiple, Heiple Law Offices, Peoria, for Lasits-Rohline Service, Inc.

MODIFIED UPON DENIAL OF PETITION FOR REHEARING

Justice McDADE delivered the opinion of the court:

Claimant, John Gurnitz, appeals from an order of the circuit court of Will County denying his motion for leave to file an amended complaint relating to a decision of the Industrial Commission of Illinois (Commission). Respondent employer is Lasits-Rohline Service, Inc. For the following reasons, we reverse and remand.

FACTS

Claimant sought a workers' compensation award for injuries sustained while employed by respondent. On December 1, 2000, an arbitrator found claimant to be partially disabled as a result of an accident during the course of his employment. The corresponding monetary award for that finding was $410.43 per week. On October 29, 2001, the Commission modified the arbitrator's decision and found claimant to be totally and permanently disabled. The pertinent part of the Commission's order states:

"It is therefore ordered by the Commission that respondent pay to petitioner the sum of $741.45 per week for 196 weeks commencing October 8, 1995 through September 5, 1996 and commencing again on April 22, 1997 through March 3, 2000, that being the period of temporary total incapacity for work under Section 8(b) of the Act. It is further ordered by the Commission that respondent pay to petitioner the sum of $410.43 per week for life commencing March 4, 2000, as provided in Section 8(f) of the Act, for the reason that the injuries sustained caused the total permanent disability of the petitioner."

Respondent sought judicial review of the Commission's decision in the circuit court of Will County. Upon judicial review, the circuit court reinstated the arbitrator's decision. Claimant appealed and we reversed the judgment of the circuit court and reinstated the October 29, 2001, decision of the Commission. John F. Gurnitz v. The Industrial Commission, et al., X-XX-XXXX WC (2004) (unpublished order pursuant to Supreme Court rule 23 (166 Ill.2d R. 23)).

In complying with the Commission's order, respondent paid claimant the sum of $741.45 per week, for the period of temporary total incapacity. On March 4, 2000, respondent began paying claimant the sum of $410.43 per week as stated in the Commission's order. Alleging that this was an incorrect amount, claimant filed a complaint pursuant to Supreme Court Rule 369 (134 Ill.2d R. 369) in the circuit court of Will County. The complaint sought modification of the amount of weekly permanent disability benefits contained in the Commission's October 29, 2001, decision.

Respondent filed a motion to dismiss the complaint based on the inapplicability of Rule 369, which addresses enforcement of a circuit court judgment and based on the lack of subject matter jurisdiction. Prior to the hearing on respondent's motion, claimant filed a motion for leave to file an amended complaint and attached a copy of a proposed amended complaint. The amended complaint was similar to the original complaint except that the request for relief was made pursuant to section 19(g) of the Workers' Compensation Act (820 ILCS 305/19(g) (West 2004)), rather than Supreme Court Rule 369 (134 Ill.2d R. 369).

*1159 Both the respondent's motion to dismiss and claimant's motion for leave to amend were noticed up for hearing on the same day, December 5, 2005. On that date, the trial court determined that it would decide respondent's motion to dismiss before addressing claimant's motion for leave to amend. No ruling was issued at this hearing. On January 18, 2006, while a decision on respondent's motion was still pending, a status hearing was held on claimant's motion for leave to amend. During this hearing, the trial court continued the matter and requested claimant's counsel provide authority by which an amendment could be filed in the face of a potentially dispositive motion to dismiss. Subsequently, claimant's counsel filed authority in support of his motion and respondent filed a response. Respondent also moved to strike plaintiff's amended complaint from the record.

Final arguments were heard on both parties' motions on February 6, 2006. The trial court subsequently entered a minute order denying claimant's motion for leave to amend and dismissed all complaints for lack of subject matter jurisdiction. This appeal then followed.

STANDARD OF REVIEW

In Illinois, courts are encouraged to freely and liberally allow amendments to pleadings. Lee v. Chicago Transit Authority, 152 Ill.2d 432, 467, 178 Ill.Dec. 699, 605 N.E.2d 493, 508 (1992). Notwithstanding that liberal policy, a party's right to amend is not absolute and unlimited. Lee, 152 Ill.2d at 467, 178 Ill.Dec. 699, 605 N.E.2d at 508. The decision whether to grant leave to amend a pleading rests within the sound discretion of the trial court. Lee, 152 Ill.2d at 467, 178 Ill.Dec. 699, 605 N.E.2d at 508. Therefore, the trial court's decision will stand absent a manifest abuse of discretion. Loyola Academy v. S & S Roof Maintenance, Inc., 146 Ill.2d 263, 273-74, 166 Ill.Dec. 882, 586 N.E.2d 1211, 1216 (1992). "Among the factors to be considered in determining whether or not to permit an amendment to the pleadings are whether the amendment would cure the defect in the pleadings; whether the other party would be prejudiced or surprised by the proposed amendment; timeliness of the proposed amendment; and whether there were previous opportunities to amend the pleadings." Lee, 152 Ill.2d at 467-68, 178 Ill.Dec. 699, 605 N.E.2d at 508.

ANALYSIS

Here on appeal, claimant argues that the trial court erred in denying his motion for leave to amend and asks us to increase the weekly dollar amount of the permanent total disability benefits awarded by the Commission. Claimant seeks this relief under section 19(g) of the Workers' Compensation Act (Act) (820 ILCS 305/19(g) (West 2004)). Respondent argues that granting claimant leave to file fails to cure his defective complaint because the exclusive means to contest the accuracy of a Commission award is through a proceeding under section 19(f) of the Act. Respondent concludes that because claimant failed to seek review within the time prescribed by section 19(f), the trial court did not err in denying claimant's motion for leave to amend. We first consider whether the amended complaint would cure the defect in the earlier pleading, and begin our analysis with an examination of both sections 19(g) and 19(f).

Section 19(g) of the Act states in pertinent part:

"[Either] party may present a certified copy of the * * * decision of the Commission when the same has become final, * * * providing for the payment of compensation according to this Act, to the *1160

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Cite This Page — Counsel Stack

Bluebook (online)
859 N.E.2d 1156, 307 Ill. Dec. 479, 368 Ill. App. 3d 1129, 2007 Ill. App. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gurnitz-v-lasits-rohline-service-inc-illappct-2007.