Menard v. Illinois Workers' Compensation Commission

940 N.E.2d 1159, 405 Ill. App. 3d 235, 346 Ill. Dec. 555, 2010 Ill. App. LEXIS 1258
CourtAppellate Court of Illinois
DecidedNovember 16, 2010
Docket5-09-0354 WC
StatusPublished
Cited by4 cases

This text of 940 N.E.2d 1159 (Menard v. Illinois Workers' Compensation 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
Menard v. Illinois Workers' Compensation Commission, 940 N.E.2d 1159, 405 Ill. App. 3d 235, 346 Ill. Dec. 555, 2010 Ill. App. LEXIS 1258 (Ill. Ct. App. 2010).

Opinion

JUSTICE HUDSON

delivered the opinion of the court:

On April 1, 1999, claimant, Mary Francis Menard, filed an application for adjustment of claim (case No. 99 WC 17394) pursuant to the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 1998)). In her application, claimant alleged that she suffered a work-related injury in February 1999 due to “anxiety/mental illness caused by conflicts” while working for respondent, Gateway Foundation. Several months later, respondent terminated claimant’s employment. On January 24, 2003, claimant filed a second application for adjustment of claim (case No. 03 WC 03802) alleging that she sustained an injury to her back in February 2000 while preparing to travel home from an independent medical evaluation (see 820 ILCS 305/12 (West 1998)) related to the claim filed in April 1999. Both claims were consolidated for hearing before an arbitrator. With respect to case No. 03 WC 03802, the arbitrator found claimant’s back injury compensable. A majority of the Illinois Workers’ Compensation Commission (Commission) affirmed and adopted the decision of the arbitrator. The circuit court of Jackson County, however, set aside the Commission’s decision on the basis that an employer-employee relationship did not exist between the parties at the time of the February 2000 incident. Claimant now appeals. 1 We affirm the decision of the trial court.

Claimant began working for respondent in 1989. On April 1, 1999, claimant filed an application for adjustment of claim (case No. 99 WC 17394) alleging that she suffered a work-related injury on February 5, 1999, as a result of “anxiety/mental illness caused by conflicts” while working for respondent. In June or July 1999, respondent terminated claimant’s employment for her failure to report to work after February 5, 1999.

Following claimant’s termination, and in the process of litigating case No. 99 WC 17394, respondent requested that claimant undergo an independent medical evaluation (IME). See 820 ILCS 305/12 (West 1998). The IME was scheduled for February 20, 2000, with a doctor located in suburban Chicago, about 400 miles north of claimant’s home in Carbondale, Illinois. Claimant requested an examination closer to her home, but she was unsuccessful in having the location changed. Because of the lengthy distance between her residence and the doctor’s office, claimant spent the night prior to the examination in the Chicago area. Claimant testified that the weather driving to Chicago was fine. However, overnight, there was a heavy snowfall. According to claimant, after the examination, the snow and the ice were so bad that she decided to spend the night of the examination at a hotel. The following morning, claimant was carrying a duffle bag with her personal belongings and medical records to the car when she slipped, but did not fall, on some ice. Claimant explained that as a result of the slip, her back “went out.” Claimant stated that she experienced “terrible pain” in her back and down her right leg. Claimant testified that the only reason that she traveled to the Chicago area was for the IME. Although surgery was recommended, claimant only underwent conservative treatment for her injury.

Claimant then filed a second application for adjustment of claim alleging accidental injuries as a result of the slip in February 2000. Although the arbitrator acknowledged that claimant’s employment had been terminated prior to the time she injured her back in February 2000, he nevertheless concluded that an employer-employee relationship existed at that time, explaining that claimant had been “directed to attend [the IME] as it related to her prior activities at work and, further, [she] was not only authorized by respondent to attend this exam in Chicago *** but that she was, in fact, directed to do so.” The arbitrator further determined that claimant sustained an injury that arose out of and in the course of her employment with respondent and that there was a causal connection between claimant’s current condition of ill-being and the accidental injury of February 2000. The arbitrator awarded claimant 354/? weeks of temporary total disability benefits (see 820 ILCS 305/8(a) (West 1998)) and 150 weeks of permanent partial disability benefits (see 820 ILCS 305/8(d)(2) (West 1998)), representing a 30% loss of the person as a whole.

With one commissioner dissenting, the Commission affirmed and adopted the decision of the arbitrator. The circuit court of Jackson County, however, set aside the Commission’s decision. Relying principally on Skelgas Co. v. Industrial Comm’n, 400 Ill. 322 (1948), the circuit court held that the Act does not provide coverage for injuries occurring incident to an employer-mandated physical examination when the claimant is no longer an employee at the time of the posttermination injury. This appeal by claimant ensued.

On appeal, claimant argues that the trial court erred in setting aside the decision of the Commission. Prior to addressing claimant’s argument, we direct her attorney to Supreme Court Rule 341 (210 Ill. 2d R. 341), which governs the form and contents of appellate briefs. In particular, we note that in violation of Rules 341(h)(6) and 341(h)(7) (210 Ill. 2d Rs. 341(h)(6), (h)(7)), neither the statement of facts nor the argument section of claimant’s brief references the pages of the record relied on. Further, in violation of Supreme Court Rules 6 and 341(h)(7) (145 Ill. 2d R. 6; 210 Ill. 2d R. 341(h)(7)), there is a persistent failure to provide pinpoint citations to the authorities cited in the brief. Finally, we note that claimant’s opening brief is not paginated. See 210 Ill. 2d R. 341(a).

Our supreme court’s rules are mandatory rules of procedure, not mere suggestions. People v. Garstecki, 382 Ill. App. 3d 802, 811 (2008), aff’d on other grounds, 234 Ill. 2d 430 (2009). A party’s failure to abide by Rule 341 makes appellate review of his or her claim more onerous (In re Marriage of Cerven, 317 Ill. App. 3d 895, 900 (2000)) and may result in waiver (see Gomez v. The Finishing Co., 369 Ill. App. 3d 711, 723 (2006); Elder v. Bryant, 324 Ill. App. 3d 526, 533 (2001); McDuffee v. Industrial Comm’n, 222 Ill. App. 3d 105, 111 (1991)). We opt not to take such a harsh measure in this case given that the facts are relatively uncomplicated and the issue is simple. Nevertheless, we warn counsel for claimant to adhere to Rule 341 in the future. We now turn to the merits of the appeal.

“Proof that a relationship of employer-employee existed at the time of the accident is an essential element of an award under the *** Act [citations].” Alexander v. Industrial Comm’n, 72 Ill. 2d 444, 448 (1978). The existence of an employer-employee relationship is generally a question of fact. Reed v. White, 397 Ill. App. 3d 975, 978-79 (2010). When, however, there is no conflict in the evidence and but one conclusion can reasonably be drawn therefrom, the existence of an employer-employee relationship becomes a question of law. Pearson v. Industrial Comm’n, 318 Ill. App. 3d 932, 935 (2001).

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940 N.E.2d 1159, 405 Ill. App. 3d 235, 346 Ill. Dec. 555, 2010 Ill. App. LEXIS 1258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/menard-v-illinois-workers-compensation-commission-illappct-2010.