Textile Maintenance v. Industrial Commission

636 N.E.2d 748, 263 Ill. App. 3d 866, 201 Ill. Dec. 316
CourtAppellate Court of Illinois
DecidedMarch 23, 1994
Docket2-93-0524WC
StatusPublished
Cited by10 cases

This text of 636 N.E.2d 748 (Textile Maintenance 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
Textile Maintenance v. Industrial Commission, 636 N.E.2d 748, 263 Ill. App. 3d 866, 201 Ill. Dec. 316 (Ill. Ct. App. 1994).

Opinions

JUSTICE RAKOWSKI

delivered the opinion of the court:

This appeal arises from an accident sustained by Ofelia Gonzalez (claimant) on July 5, 1988. The claimant filed an application for adjustment of claim pursuant to the Workers’ Compensation Act (Act) (Ill. Rev. Stat. 1987, ch. 48, par. 138.1 et seq. (now codified, as amended, at 820 ILCS 305/1 et seq. (West 1992))) against Textile Maintenance (employer). Farmers Insurance Group (Farmers) appeared at the arbitration hearing as an additional respondent and disputed coverage for the claimant’s July 5, 1988, accident, asserting that there had been effective cancellation of the policy on June 7, 1988. In addition to the coverage dispute, the employer argued that the Industrial Commission (Commission) did not have jurisdiction to interpret its insurance policy with a third party. The Commission affirmed the arbitrator’s finding on the coverage issue and also concluded that it was authorized by the Act to interpret insurance policies between the employer and a third party. On administrative review, the circuit court confirmed the decision of the Commission. The issues on appeal are: (1) whether the Commission has jurisdiction to construe, interpret, and rule on the language of a workers’ compensation insurance policy between the employer and the insurance company; (2) whether the notice of cancellation complied with the Illinois Insurance Code (Ill. Rev. Stat. 1987, ch. 73, par. 755.14 (now 215 ILCS 5/143.14(a) (West 1992))), the Act, and the employer’s workers’ compensation policy; and (3) whether the trial court properly interpreted Farmers’ workers’ compensation policy when it applied the 10-day, rather than the 60-day, cancellation date.

At the arbitration hearing, the claimant testified that on July 5, 1988, she caught her left hand in a shirt sleeve press and sustained burns to four fingers. She was hospitalized for a short time and skin grafts were applied to the burned areas. She subsequently returned to work on August 24, 1988, and was paid 73 h weeks temporary total disability by Farmers prior to its notice of cancellation being acknowledged by the National Counsel of Compensation Insurance (NCCI). NCCI is an agent of the Commission whose function is to compile and monitor insurance information for the Commission. The claimant also incurred $10,388.40 in medical expenses which have not been paid by the employer or Farmers.

Bonnie Ropp testified for Farmers that she had been employed with the insurance group since 1977. In June 1988 she was working as commercial account and records supervisor and was responsible for supervising the billing and maintenance of policies and custody and care of the individual customer files. She stated that Farmers was composed of a number of companies. Truck Exchange Insurance (TEI) and Mid-Century Insurance Company (MCI) were the two workers’ compensation carriers. Ropp stated that she handled matters for both companies.

According to Ropp’s testimony, she sent the employer a "Notice of Cancellation” on May 25, 1988, because of the nonpayment of premiums. It was subsequently established that the notice identified MCI as the issuing company even though the company which issued the policy was TEI. (MCI did not become the employer’s workers’ compensation insurance carrier until August 1988.) The notice did contain the correct policy number, cancellation date, and the statement that the payroll information and premium payment were overdue. The post office stamp with the date of mailing was also on the notice. Although the employer notified Farmers in February 1988 that its address changed from Schaumburg, Illinois, to Hoffman Estates, the first notice was sent to the employer on February 10, 1988, at the Schaumburg address. This notice requested payroll information by March 5, 1988.

After mailing the notice of cancellation to the employer on May 25, 1988, Ropp sent a similar notice to NCCI. Penny Fettis of NCCI acknowledged receipt of the notice of cancellation for the nonpayment of premiums. The notice was to take effect on June 7, 1988. Pursuant to section 4(b) of the Act, coverage would be provided for 10 days after this date, until June 17, 1988. A notice that the policy was actually cancelled was mailed to the employer on June 16, 1988. The policy was subsequently reinstated on a prospective basis as of July 21, 1988, when the required payroll information and premiums were received. Therefore there was a lapse in coverage between June 17, 1988, and July 21, 1988. (The date of the claimant’s accident was July 5, 1988.)

The employer first contends that the Commission did not have jurisdiction to determine disputed insurance coverage issues between an employer and the insurer of its workers’ compensation policy and that it acted outside the scope of its authority.

An administrative agency is a creature of statute and has no general or common-law powers. (Abatron, Inc. v. Department of Labor (1987), 162 Ill. App. 3d 697, 700, 515 N.E.2d 1336.) Any authority claimed by the agency must arise from the express language of the statute or be incident to the authority conferred by the legislature. (Abatron, Inc., 162 Ill. App. 3d at 700, 515 N.E.2d at 1338.) The primary rule of statutory construction is to ascertain and give effect to the legislative intent. In re Marriage of Logston (1984), 103 Ill. 2d 266, 277, 469 N.E.2d 167.

The Commission is an administrative agency which was created by legislative enactment for the purpose of administering the Act. (Michelson v. Industrial Comm’n (1941), 375 Ill. 462, 466, 31 N.E.2d 940.) The title of the Act provides that it is an Act to "promote the general welfare of the people of this State by providing compensation for accidental injuries or death suffered in the course of employment.” Section 18 of the Act provides:

"All questions arising under this Act, if not settled by agreement of the parties interested therein, shall, except as otherwise provided, be determined by the Commission.” (Ill. Rev. Stat. 1987, ch. 48, par. 138.18 (now 820 ILCS 305/18 (West 1992)).)

The Act provides an exclusive remedy for the resolution of all issues arising out of employment related injuries. Robertson v. Travelers Insurance Co. (1983), 95 Ill. 2d 441, 447, 448 N.E.2d 866.

The issue arising out of the claimant’s injury in the case sub judice was the coverage dispute between the employer and its workers’ compensation carrier and which party was liable for the treatment of claimant’s injuries. Section 4(g) of the Act provides:

"In the event the employer does not pay the compensation for which he or she is liable, then an insurance company, association or insurer which may have insured such employer against such liability shall become primarily liable to pay to the employee, his or her personal representative or beneficiary the compensation required by the provisions of this Act to be paid by such employer.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

QBE Insurance Company v. Illinois Workers' Compensation Comm'n
2013 IL App (5th) 120336WC (Appellate Court of Illinois, 2013)
Fuller v. American Standard Insurance
802 N.E.2d 821 (Appellate Court of Illinois, 2003)
Yacko v. Curtis
Appellate Court of Illinois, 2003
Temporary Staffing, Inc. v. J.J. Haines & Co.
765 A.2d 602 (Court of Appeals of Maryland, 2001)
Casualty Insurance Co. v. Kendall Enterprises, Inc.
692 N.E.2d 752 (Appellate Court of Illinois, 1998)
County of Whiteside v. Property Tax Appeal Board
658 N.E.2d 481 (Appellate Court of Illinois, 1995)
Textile Maintenance v. Industrial Commission
636 N.E.2d 748 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
636 N.E.2d 748, 263 Ill. App. 3d 866, 201 Ill. Dec. 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/textile-maintenance-v-industrial-commission-illappct-1994.