Stone v. Industrial Commission

675 N.E.2d 280, 286 Ill. App. 3d 174, 221 Ill. Dec. 373, 1997 Ill. App. LEXIS 5
CourtAppellate Court of Illinois
DecidedJanuary 10, 1997
DocketNo. 2—96—0052WC
StatusPublished
Cited by3 cases

This text of 675 N.E.2d 280 (Stone 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
Stone v. Industrial Commission, 675 N.E.2d 280, 286 Ill. App. 3d 174, 221 Ill. Dec. 373, 1997 Ill. App. LEXIS 5 (Ill. Ct. App. 1997).

Opinion

JUSTICE RAKOWSKI

delivered the opinion of the court:

Claimant, Daniel Stone, filed an application for adjustment of claim pursuant to the Workers’ Compensation Act (820 ILCS 305/1 et seq. (West 1994)) for injuries to his low back that he sustained on April 2, 1990, while working for R. Olson Construction Company (employer). The arbitrator awarded claimant temporary total disability (TTD) of $433.95 for 2194/7 weeks through January 20, 1994, terminating benefits because it found claimant failed to reasonably cooperate with rehabilitation. The Industrial Commission (the Commission) upheld the January 20, 1994, termination and, noting a miscalculation, modified TTD to $320.42 for 1794/7 weeks. The circuit court of Kane County confirmed. Claimant appeals, contending that (1) the Commission erred in finding he failed to reasonably cooperate with vocational rehabilitation and (2) the Commission erred in allowing employer to terminate his benefits because termination was based on his religion.and violated his right to freely exercise that religion. We affirm.

FACTS

Claimant injured his low back on April 2, 1990. He sought treatment from various physicians and, in June 1992, underwent surgery. He was released to work on March 9, 1993, with lifting restrictions, but did not return to work until July 6, 1993. Although claimant was given work within his restrictions and he does not contend otherwise, he quit on August 17, 1993, because his duties still caused him pain. During this July 6 to August 17 period, claimant only worked eight days.

Claimant testified that since the summer of 1993 he had looked for work on his own and had contacted 14 to 15 employers. He had a tenth-grade education, did not have a GED, and possessed no special skills or training. Six months prior to the accident, claimant became active in the World Wide Church of God, which restricted him from working certain holy days and Saturdays.

On October 22, 1993, employer referred claimant to James Boyd, a vocational rehabilitation specialist, to secure alternative employment. Boyd met with claimant on at least two occasions. He gathered claimant’s background information, conducted aptitude tests to evaluate claimant’s skills, and explained his role to claimant. On each occasion, Boyd advised claimant to obtain his GED. He also directed claimant to the library and recommended two resource books to assist claimant with determining some vocational interests. During the second meeting, Boyd assisted claimant in filling out a sample master application which he told claimant to bring to future interviews. Boyd worked with claimant on basic job skills, including how to dress, how to answer questions, and how to present himself in general. Finally, Boyd provided claimant with prospective employer contact sheets and referred him to Michelle Farmer, a job placement specialist, to assist him in scheduling interviews. According to Boyd, claimant presented himself in a dirty and unshaven manner and had dirty clothes, greasy hair, and body odor. Boyd found it difficult to establish a rapport with claimant as "[he] presented] himself in a very unresponsive manner” with a "very flat affect and responded] to all questions with a minimum of information.”

In discussing vocational interests with Boyd, claimant only expressed an interest in being a game or fish warden and had given no thoughts to other options. Even after Boyd advised claimant of his skills based on the test results, claimant persisted in seeking a game or fish warden position. Claimant informed Boyd at each meeting he had not pursued measures to obtain his GED and had not visited the library. Claimant failed to tell Boyd he had a prior criminal conviction and failed to discuss his religion and its work restrictions.

Boyd scheduled an interview for claimant on January 5, 1994. However, when Boyd telephoned claimant, claimant told Boyd he needed 48 hours’ notice before any interview. Boyd rescheduled the interview to January 10, 1994.

Farmer met claimant prior to the interview. He was unshaven, dirty, and inappropriately dressed. He failed to bring his master application, as Boyd had requested, and Farmer had to assist him in filling out the application. During this time, claimant told Farmer he had been convicted of a felony.

Claimant began the interview, but within 5 to 10 minutes, it was terminated. He advised the prospective employer that, due to his religion, he was unable to work on Saturdays. The position he was interviewing for mandated Saturday work.

Subsequent to the interview, Boyd spoke with claimant, who stated he had still done nothing to obtain his GED and had not researched other interests. Claimant also told Boyd he had not contacted any other employers. They discussed claimant’s religion for the first time.

Boyd authored a report on January 20, 1994, in which he detailed the events that had transpired since he began counseling claimant and stated claimant gave no indication he was interested in further rehabilitative services. Based on the report, employer terminated TTD benefits as of that date.

ANALYSIS

I. REASONABLE COOPERATION

Claimant first contends the Commission erred in terminating TTD benefits as of January 20, 1994. According to claimant, there was no basis for finding he failed to cooperate reasonably with rehabilitation efforts.

The law on reasonable cooperation is scant. Three reported decisions have addressed the issue. In Archer Daniels Midland Co. v. Industrial Comm’n, 138 Ill. 2d 107 (1990), the Illinois Supreme Court set forth the duty: "in attempting rehabilitation of the injured employee there are 'boundaries which reasonably confine the employer’s responsibility,’ including a requirement that the claimant make good-faith efforts to cooperate in the rehabilitation effort.” Archer Daniels Midland Co., 138 Ill. 2d at 115-16, quoting National Tea Co. v. Industrial Comm’n, 97 Ill. 2d 424, 433 (1983).

In Archer Daniels Midland Co., the employer had paid for claimant’s enrollment in a correspondence locksmithing course, which claimant began in May 1985. Claimant’s physician permitted him to work on the course 20 to 25 hours per week. On October 11, 1985, employer informed claimant he must complete the course by October 31, 1985. It advised him he could fulfil the coursework by that deadline if he worked 40 hours per week. Claimant completed the course in seven months, which was one month later than the average. Employer terminated benefits on the basis of claimant’s failure to cooperate reasonably with rehabilitation. The arbitrator found the termination "capricious” and the Commission affirmed. On appeal, the Illinois Supreme Court held that the Commission’s decision was not against the manifest weight of the evidence based on the facts present. The court outlined the above facts and noted that, although claimant could have completed the course by employer’s deadline, it would have required him to work more hours than permitted by his physician. Further, claimant’s rehabilitation counselor had testified that claimant cooperated with him and with the rehabilitation program.

In Jewel Food Cos. v. Industrial Comm’n, 256 Ill. App.

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675 N.E.2d 280, 286 Ill. App. 3d 174, 221 Ill. Dec. 373, 1997 Ill. App. LEXIS 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-industrial-commission-illappct-1997.