Mason v. John Boos & Co.

959 N.E.2d 209, 355 Ill. Dec. 181
CourtAppellate Court of Illinois
DecidedOctober 28, 2011
Docket5-10-0399
StatusPublished
Cited by1 cases

This text of 959 N.E.2d 209 (Mason v. John Boos & Co.) 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
Mason v. John Boos & Co., 959 N.E.2d 209, 355 Ill. Dec. 181 (Ill. Ct. App. 2011).

Opinion

959 N.E.2d 209 (2011)
355 Ill. Dec. 181

Clint MASON, Plaintiff-Appellant,
v.
JOHN BOOS & COMPANY, Westaff, Inc., and Real Time Staffing Services, Inc., Defendants-Appellees.

No. 5-10-0399.

Appellate Court of Illinois, Fifth District.

October 28, 2011.

*210 Eric L. Terlizzi, Attorney at Law, Salem, IL, for Appellant.

Thomas Gamache, Slavin & Slavin, Chicago, IL, Julie A. Teuscher, Kathleen M. McCabe, Lea Ann Fracasso, Yaro M. Melynk, Cassiday Schade LLP, Chicago, IL, for Appellees.

*211 OPINION

Justice WELCH delivered the judgment of the court, with opinion.

¶ 1 The plaintiff, Clint Mason (Mason), appeals the judgment entered by the circuit court of Effingham County granting the defendants', John Boos & Company (Boos Company), Westaff, Inc. (Westaff), and Real Time Staffing Services, Inc., dismissal of his complaint with prejudice. For the following reasons, we affirm.

¶ 2 Boos Company manufactures wood products. Westaff is a temporary employment agency that assigned temporary employees to Boos Company. Westaff supplied unemployment insurance, workers' compensation, and other liability insurance to its employees. Westaff also provided Boos Company with information regarding workers' compensation and liability coverage.

¶ 3 On October 7, 2007, Westaff assigned Mason to work as a temporary employee at Boos Company. On November 7, 2007, Mason was injured while working on a molding machine at the factory. Mason's right hand was caught in the machine, which resulted in the amputation of his thumb and most of his four fingers on his right hand. Thereafter, Mason filed a claim for benefits related to his injury pursuant to the Workers' Compensation Act (820 ILCS 305/1 et seq. (West 2008)). On October 29, 2009, Mason entered into a settlement agreement with Westaff and received compensation for his injury in the amount of $92,500. Mason signed a release within the settlement agreement releasing all claims against the defendants, and the settlement was approved by the workers' compensation board on November 12, 2009.

¶ 4 In the interim, on November 4, 2009, Mason filed a negligence action against the defendants alleging that they had allowed him to operate a machine without adequate training, allowed him to operate a machine without a "kill" switch, and allowed him to operate a machine without safety guards. Mason alleged that as a result of his injury, he had endured pain and suffering, had incurred medical bills, and was permanently disabled. The defendants filed a motion to dismiss pursuant to sections 2-619(a)(6) and (a)(9) of the Illinois Code of Civil Procedure (the Code) (735 ILCS 5/2-619(a)(6), (a)(9) (West 2008)) arguing that Mason's exclusive remedy was under the Workers' Compensation Act and that the release signed by Mason in his settlement agreement barred his claims against the defendants. Argument on the motion to dismiss was heard on June 29, 2010, and the trial court entered a written order on July 27, 2010, granting the defendants' motion to dismiss with prejudice on two bases. First, the trial court held that Mason's claim was barred by section 2-619(a)(9) of the Code (735 ILCS 5/2-619(a)(9) (West 2008)) because the Workers' Compensation Act provided the exclusive remedy for Mason's claims. Second, the trial court held that Mason's claim had been released in the settlement agreement in the workers' compensation case and that, accordingly, the defendants were entitled to dismissal pursuant to section 2-619(a)(6) of the Code (735 ILCS 5/2-619(a)(6) (West 2008)). Mason filed a timely notice of appeal on August 19, 2010.

¶ 5 On appeal, Mason first argues that Westaff failed to register with the Department of Insurance as an "employee leasing company" in violation of section 20 of the Employee Leasing Company Act (215 ILCS 113/20 (West 2008)) and is therefore deprived the benefit of the exclusive remedy provision of the Workers' Compensation Act. Mason contends that failure of an "employee leasing company" to register under the Employee Leasing *212 Company Act (215 ILCS 113/1 et seq. (West 2008)) denies exclusivity under the Workers' Compensation Act to both the loaning and borrowing employer for common law tort liability to an injured temporary employee.

¶ 6 In response, the defendants first note that Mason has admitted that the exclusive remedy provision of the Workers' Compensation Act provides a bar to the instant common law tort remedy against the defendants. Second, the defendants note that Mason has failed to provide case law wherein Illinois courts have upheld his argument that failure to register under the Employee Leasing Company Act results in an inability to claim the protections of the exclusive remedy provision of the Workers' Compensation Act. The defendants, likewise, have found no case law supporting Mason's theory. In fact, the plaintiff has admitted that this is an issue of first impression. Accordingly, we turn to the statutes at hand. The primary rule of statutory construction is to ascertain and give effect to the legislature's intent. People v. Boykin, 94 Ill.2d 138, 141, 68 Ill.Dec. 321, 445 N.E.2d 1174 (1983). In determining what the intent is, the court may properly consider not only the language used in a statute but also the reason and necessity for the law, the evils sought to be remedied, and the purpose sought to be achieved. City of Springfield v. Board of Election Commissioners, 105 Ill.2d 336, 341, 85 Ill. Dec. 508, 473 N.E.2d 1313 (1985). In construing a statute, the court must assume that the legislature did not intend an absurd result. People v. Steppan, 105 Ill.2d 310, 316, 85 Ill.Dec. 495, 473 N.E.2d 1300 (1985).

¶ 7 The Workers' Compensation Act provides the exclusive remedy available to injured employees and therefore bars any common law or statutory right to recover damages from the employer for injury or death except as provided under the Workers' Compensation Act. 820 ILCS 305/5 (West 2008); Ferguson v. Roundtable Motor Lodge, 83 Ill.App.3d 331, 332, 39 Ill.Dec. 448, 404 N.E.2d 1039 (1980). The purpose of the Workers' Compensation Act is to "provide speedy recovery without proof of fault for accidental injuries that occur in the workplace during the course of work." (Internal quotation marks omitted.) Reed v. White, 397 Ill.App.3d 975, 978, 337 Ill.Dec. 105, 921 N.E.2d 1243 (2010). Employees who are injured during the course of work are not permitted to seek and recover compensation under both the Workers' Compensation Act and common law. Reed, 397 Ill.App.3d at 978, 337 Ill.Dec. 105, 921 N.E.2d 1243.

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959 N.E.2d 209, 355 Ill. Dec. 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mason-v-john-boos-co-illappct-2011.