Interstate Scaffolding, Inc. v. Illinois Workers' Compensation Commission

923 N.E.2d 266, 236 Ill. 2d 132, 337 Ill. Dec. 707, 2010 Ill. LEXIS 12
CourtIllinois Supreme Court
DecidedJanuary 22, 2010
Docket107852
StatusPublished
Cited by36 cases

This text of 923 N.E.2d 266 (Interstate Scaffolding, Inc. v. Illinois Workers' Compensation Commission) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Interstate Scaffolding, Inc. v. Illinois Workers' Compensation Commission, 923 N.E.2d 266, 236 Ill. 2d 132, 337 Ill. Dec. 707, 2010 Ill. LEXIS 12 (Ill. 2010).

Opinion

JUSTICE BURKE

delivered the judgment of the court, with opinion.

Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.

OPINION

In this appeal we are asked to consider whether an employer’s obligation to pay temporary total disability (TTD) workers’ compensation benefits to an employee who was injured in the course of his employment ceases when the employer terminates the employee for conduct unrelated to the injury. For reasons that follow, we hold that when an employee who is entitled to receive workers’ compensation benefits as a result of a work-related injury is later terminated for conduct unrelated to the injury, the employer’s obligation to pay TTD workers’ compensation benefits continues until the employee’s medical condition has stabilized and he has reached maximum medical improvement.

BACKGROUND

Claimant Jeff Urban (Urban) was employed by Interstate Scaffolding, Inc. (Interstate), as a union carpenter on July 2, 2003, when he sustained a work-related injury to his head, neck, and back. He was transported by ambulance to Silver Cross Hospital, where he was diagnosed with a mild concussion and cervical strain. Although Urban returned to work soon after the injury, he continued to experience persistent headaches, cervical pain, and numbness in his arms.

Between July 2, 2003, and May 25, 2005, Urban underwent numerous diagnostic tests and treatments for his medical condition resulting from the July 2, 2003, injury. At times Urban’s doctor required him to remain off work. At other times, Urban was able to work “light duty” with restrictions ordered by his doctor. Urban received TTD workers’ compensation benefits when he could not work and, when working light duty, Urban received a workers’ compensation maintenance benefit to make up the difference in income between his previous carpenter’s pay and his light-duty pay. It is undisputed that between July 2, 2003, and May 25, 2005, Interstate paid a total of $48,060.80 in TTD and maintenance benefits, as well as medical expenses totaling $50,809.78.

On May 25, 2005, an incident occurred, culminating in Urban’s dismissal. On that day Urban was working a light-duty assignment at Interstate’s East Hazel Crest facility. Sometime that morning, Urban went to the office and spoke to Rebecca Parks, a secretary at Interstate who worked in payroll. He told her that he believed there was an error in his paycheck regarding the amount deducted for federal withholding. During the discussion with Parks, Urban mentioned that a paycheck he received a few weeks earlier also had been wrong. He stated that in the earlier check he had been overpaid because he was paid union scale instead of light-duty pay.

After speaking with Parks, Urban went back to work. Parks, however, relayed what Urban had told her to Jan Coffey, the assistant to Interstate’s president, Ron Fowler. Upon learning this information, Coffey became irate. She knew that a few weeks earlier, in April 2005, Urban had written some religious “graffiti” or slogans in a storage room on Interstate’s premises. Therefore, when she learned that Urban had retained an overpayment in his paycheck, Coffey felt that such conduct ran counter to Urban’s professed religious beliefs. Coffey left the office to find Urban, confronted him, and accused him of being a “hypocrite.”

Urban became angered by Coffey’s confrontation. He engaged in a brief heated argument with Coffey, after which he called the East Hazel Crest police department and lodged a complaint of harassment and religious discrimination. A police officer arrived at the Interstate facility and interviewed both Urban and Coffey. Although a police report was prepared, no arrests or other action was taken by the police.

After the officer left the facility, Coffey phoned company president Ron Fowler and told him what had occurred. According to Coffey, during this phone call she told Fowler, for the first time, about the religious graffiti Urban had written on the shelves of the storage room. Coffey said she only told Fowler about the graffiti to explain why she had become so upset by Urban’s comments to Parks.

After Coffey spoke to Fowler, Fowler asked to speak with Urban’s supervisor, Barry Manuel. Fowler instructed Manuel to fire Urban. When Manuel did so, he told Urban that Fowler’s stated reason for Urban’s dismissal was Urban’s defacement of Interstate property as a result of the religious graffiti Urban had written in permanent black marker in the storage room.

When Interstate terminated Urban, it also refused to pay him TTD benefits. Consequently, Urban filed an application for adjustment of claim with the Workers’ Compensation Commission.

On June 28, 2005, a hearing was held on Urban’s claim before Leo Hennessy, an arbitrator for the Workers’ Compensation Commission. At the hearing, Urban testified regarding his July 2, 2003, injury and the subsequent medical treatment he had received. Urban explained that on July 2, 2003, he had suffered heat stroke and was injured when he was dropped on his head while being transported to the ambulance. Subsequently, he continued to experience headaches, neck pain, shoulder pain, and numbness in his upper extremities. In December 2003, he began treatment with Dr. Young at Rush University Hospital. Dr. Young sent Urban for MRI testing and started him on a course of treatment which included injections for neck pain; nerve block and radio frequency procedures for migraine headaches and shoulder pain; and physical therapy.

Urban testified that he also saw Dr. Bernstein at his employer’s request. Dr. Bernstein recommended a spinal fusion operation. Urban testified that he had rejected this more radical procedure until he could determine whether the medication and therapies prescribed by Dr. Young would be successful. However, he testified at the hearing that he was still experiencing significant pain and, for that reason, now decided to undergo the spinal fusion operation.

Urban also testified about the events surrounding his dismissal. Urban admitted that he had written religious slogans in the storage room at Interstate’s facility, but he did not believe those writings were the reason for his dismissal. Urban testified that other employees had written on, or made markings on, the shelves and walls of the storage room and there had never been any repercussions of any kind.

After Urban completed his testimony, he placed into evidence several exhibits containing his medical records. These records documented the diagnoses, medications, and treatments Urban had received from the date of the injury through the date of the hearing.

The only other witness to testify at the hearing was Jan Coffey, who testified for Interstate. Her testimony was solely about the events of May 25, 2005, which led up to Urban’s dismissal. In addition, a typed summary of the events, prepared by Coffey and Parks on or about May 25, 2005, was introduced as Interstate’s exhibit No. 7. Interstate also placed into evidence exhibits consisting of photographs of the religious graffiti Urban admittedly wrote on the shelves of the storage room.

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Bluebook (online)
923 N.E.2d 266, 236 Ill. 2d 132, 337 Ill. Dec. 707, 2010 Ill. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/interstate-scaffolding-inc-v-illinois-workers-compensation-commission-ill-2010.