Martinez v. Industrial Commission

611 N.E.2d 545, 242 Ill. App. 3d 981, 183 Ill. Dec. 282, 1993 Ill. App. LEXIS 350
CourtAppellate Court of Illinois
DecidedMarch 18, 1993
Docket4-92-0242WC
StatusPublished
Cited by5 cases

This text of 611 N.E.2d 545 (Martinez 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
Martinez v. Industrial Commission, 611 N.E.2d 545, 242 Ill. App. 3d 981, 183 Ill. Dec. 282, 1993 Ill. App. LEXIS 350 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

Claimant Dr. Armando Martinez appeals from an order of the circuit court of Pike County reversing an award for permanent total disability granted to claimant by the Illinois Industrial Commission (Commission) and reinstating the arbitrator’s decision denying an award. Respondent Illini Community Hospital, alleged to be the employer in this case, cross-appeals, challenging that portion of the circuit court’s order deciding that the Commission’s findings that claimant was an employee of respondent was not against the manifest weight of the evidence.

In this appeal, the court is asked to determine whether the decision of the Commission was against the manifest weight of the evidence because (a) claimant was not an employee of respondent, or (b) the accidental injury did not arise out of and in the course of claimant’s employment for respondent generally or under the theory that claimant was on a special mission for respondent. We affirm the order of the circuit court based solely on the determination that the accidental injury did not arise out of and in the course of the claimant’s employment and do not address the issue of whether claimant was an employee of respondent.

Taken with the case is a motion by claimant to strike that portion of respondent cross-appellant’s reply brief because it improperly addressed an issue raised in the original appeal in violation of Supreme Court Rule 343(bXi) (134 111. 2d R. 343(bXi)). No objections to this motion having been filed, and a simple review of pages 3 to 7 of the cross-appellant’s reply brief demonstrating the correctness of the motion to strike, claimant’s motion to strike point II of respondent cross-appellant’s reply brief is granted.

It is undisputed that claimant, a physician, was injured in an automobile accident on October 18, 1980, while traveling to work at respondent’s emergency room (ER). Claimant sustained a head injury. Claimant lived in St. Louis. Respondent’s hospital is located in Pitts-field, Illinois. This was not claimant’s assigned day to work. Instead, claimant had agreed to substitute for another ER physician.

Dr. Alejandro Alfredo Galan testified he is a vascular surgeon practicing in St. Louis County, Missouri. He is the owner of General and Vascular Surgical Specialties of St. Louis, Inc. (GVSS), a Missouri corporation. That corporation was formed at the request of respondent to provide medical malpractice insurance to physicians working at the hospital and to facilitate billing for medicare or medicaid patients that came to the ER. The corporation was later dissolved after the relationship with respondent was discontinued in December 1980.

Galan first started working at respondent’s hospital on or about March 10, 1976. At that time, his salary was $23 per hour. He and Dr. Sheikh entered into a contract with the hospital for the physicians to cover the ER on weekends from noon on Saturday to 6 a.m. on Monday. Respondent provided a room in which to sleep and food. The $23-per-hour figure was arrived at, in part, because of the distance they had to drive to get to the hospital. It took four to six hours to drive from St. Louis to Pittsfield and back. Galan estimated that $6 to $8 of the wage rate was paid for the travel time, gasoline, and use of the car. In July 1978, claimant started working on the respondent’s ER weekend staff. Part of Galan’s responsibility was providing in-service training for nurses and physical examinations of hospital employees, and these duties also applied to claimant. Claimant was paid directly by respondent. In January 1980, GVSS entered into a contract with respondent, but the duties of the physicians remained the same thereafter, and claimant continued to be paid directly by respondent.

Galan once requested an increase in the hourly rate of these weekend ER physicians. One of the reasons for the requested raise was the increased difficulty in getting to the hospital in the winter when the weather was bad and due to a bridge repair. The increased rate was agreed upon by respondent. As a result of the contract entered into in 1980, the hourly fee for the weekend ER physicians was $30, and that fee was paid for time spent in the ER and the hospital. The doctors were not paid for time spent traveling to and from the hospital, although that was considered in setting the rate. The doctors were not reimbursed for mileage. Each physician drove his own vehiele. The weekend ER physicians reported to the ER nurse when they arrived so that the time of arrival could be noted and the doctors could get their paychecks.

John Leland Woods was the “Assistant Administrator Comptroller” for respondent from March 1979 to May 1983. He testified that respondent is a 60-bed general medical service hospital with a coronary-care unit and an ER. The weekend ER physicians filed reports showing time of arrival and departure. They were not reimbursed monies for travel, the hospital did not own or maintain the vehicles they drove to and from the hospital, there was no requirement that they live in St. Louis, there were no restrictions on where else they could work, and they did no work for respondent other than at the hospital.

The deposition of Walter Garrett Deer, respondent’s administrator from September 1977 to August 1980, was submitted to the arbitrator by respondent. The medical staff “pushed for” the contract to provide ER services on the weekend. Respondent did not select the physicians who worked the ER pursuant to the contract. GVSS provided the physicians, and Galan was responsible for bringing in new ones. Galan was responsible for scheduling. Respondent did not do the scheduling. If one doctor was unable to show up, the doctors would work it out among themselves to provide coverage. Respondent was not responsible for finding a replacement. If the physician could not get to the ER, then the hospital medical staff would provide coverage. There was discussion about raising the rate of compensation and about the costs of the doctors to drive from St. Louis. It was discussed under the category of raising hourly rates, rather than paying them specifically for transportation or gasoline costs.

The arbitrator concluded that claimant was an employee of respondent and not an employee of GVSS. However, the arbitrator found that claimant failed to prove the injury, arose out of and in the course of his employment. Finding that the accident did arise out of and in the course of claimant’s employment, the Commission reversed and awarded claimant $282.25 per week from October 18, 1980, for life for permanent total disability. (111. Rev. Stat. 1989, ch. 48, par. 138.8(f).) The circuit court reversed and reinstated the decision of the arbitrator.

Claimant has the burden of proof and the Commission judges witness credibility, determines the weight to be given the evidence, and draws reasonable inferences therefrom. {Smith v. Industrial Comm’n (1983), 98 Ill. 2d 20, 23, 455 N.E.2d 86, 88.) Even where the Commission has no additional evidence, the Commission is not bound to accept the arbitrator’s findings, and the Commission’s decision will be overturned only if it is against the manifest weight of the evidence. (Zarley v. Industrial Comm’n (1981), 84 Ill.

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Cite This Page — Counsel Stack

Bluebook (online)
611 N.E.2d 545, 242 Ill. App. 3d 981, 183 Ill. Dec. 282, 1993 Ill. App. LEXIS 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-industrial-commission-illappct-1993.