Vulcan Materials Co. v. INDUSTRIAL COM'N

842 N.E.2d 204, 362 Ill. App. 3d 1147, 299 Ill. Dec. 465
CourtAppellate Court of Illinois
DecidedDecember 21, 2005
Docket1-05-0429 WC
StatusPublished
Cited by4 cases

This text of 842 N.E.2d 204 (Vulcan Materials Co. v. INDUSTRIAL COM'N) 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
Vulcan Materials Co. v. INDUSTRIAL COM'N, 842 N.E.2d 204, 362 Ill. App. 3d 1147, 299 Ill. Dec. 465 (Ill. Ct. App. 2005).

Opinion

842 N.E.2d 204 (2005)
362 Ill. App.3d 1147
299 Ill.Dec. 465

VULCAN MATERIALS COMPANY, Appellant,
v.
The INDUSTRIAL COMMISSION et al. (Patrick Dunne, Appellee).

No. 1-05-0429 WC.

Appellate Court of Illinois, First District, Workers' Compensation Commission Division.

December 21, 2005.

Joshua D. Luskin, Christopher J. Gibbons, Nyhan, Pfister, Bambrick, Kinzie & Lowry, P.C., Chicago, for Appellant.

Richard D. Hannigan, Richard D. Hannigan, Ltd., Mundelein, for Appellee.

Justice CALLUM delivered the opinion of the court:

I. INTRODUCTION

Employer, Vulcan Materials Company, challenges a decision of the Industrial Commission,[1] confirmed by the trial court, that it must pay claimant, Patrick Dunne, interest on his award of medical expenses. Employer argues that a medical expenses award is not "compensation" for the purpose of awarding interest pursuant to section 19(n) of the Workers' Compensation Act (Act) (820 ILCS 305/19(n) (West 2002)). We affirm.

II. BACKGROUND

Claimant filed an application for adjustment of claim under the Act. An arbitrator *205 awarded claimant 8 2/7 weeks of temporary total disability (TTD) benefits, amounting to $6,753.52; $25,506.90 in medical expenses; and $43,989 in permanent partial disability (PPD) benefits, representing a finding that claimant was permanently disabled to the extent of 20% of a person. On August 20, 2003, the Commission affirmed and adopted the arbitrator's decision.

On September 30, 2003, employer paid claimant $76,748.64. This represented the TTD, PPD, and medical expenses awards and interest on the TTD and PPD awards. Upon receiving the payment, claimant's counsel wrote employer and asserted that interest also was due on the medical expenses award. Applying the tendered amount first to the accumulated interest, counsel demanded an additional $294.84 plus interest on that amount. Relying on Kuhl v. Industrial Comm'n, 147 Ill.App.3d 519, 101 Ill.Dec. 58, 498 N.E.2d 240 (1986), employer responded that the Act did not require interest on the medical expenses award.

On December 1, 2003, claimant petitioned for attorney fees and penalties pursuant to sections 16 and 19(k) of the Act (820 ILCS 305/16, 19(k) (West 2002)). The Commission found that Kuhl was no longer valid after McMahan v. Industrial Comm'n, 183 Ill.2d 499, 234 Ill.Dec. 205, 702 N.E.2d 545 (1998), which held that medical benefits are "compensation," and therefore ruled that claimant was entitled to interest on his medical expenses award. The Commission found, however, that employer's reliance on Kuhl was not unreasonable or vexatious so as to justify attorney fees and penalties. On judicial review, the trial court confirmed the Commission's decision. Employer timely appealed.

III. DISCUSSION

On appeal, employer argues that section 19(n) of the Act, which governs interest on arbitration awards, does not apply to an award of medical expenses. It is employer's position that a medical expenses award is not "compensation" under section 19(n), which provides:

"After June 30, 1984, decisions of the Industrial Commission reviewing an award of an arbitrator of the Commission shall draw interest at a rate equal to the yield on indebtedness issued by the United States Government with a 26-week maturity next previously auctioned on the day on which the decision is filed. * * * Interest shall be drawn from the date of the arbitrator's award on all accrued compensation due the employee through the day prior to the date of payments. * * *
The employer or his insurance carrier may tender the payments due under the award to stop the further accrual of interest on such award notwithstanding the prosecution by either party of review, certiorari, appeal to the Supreme Court or other steps to reverse, vacate or modify the award." 820 ILCS 305/19(n) (West 2002).

Section 8 of the Act sets forth the amount of compensation payable to an injured employee and states in pertinent part:

"The amount of compensation which shall be paid to the employee for an accidental injury not resulting in death is:
(a) The employer shall provide and pay for all the necessary first aid, medical and surgical services, and all necessary medical, surgical and hospital services thereafter incurred, limited, however, to that which is reasonably required to cure or relieve from the effects of the accidental injury. * * *
*206 * * *
The furnishing of any such services or appliances or the servicing thereof by the employer is not the payment of compensation." 820 ILCS 305/8 (West 2002).

Subsection (b) of section 8 establishes the amount of TTD, and subsections (c), (d), (e), and (f) establish the amount of permanent partial disability. 820 ILCS 305/8(b), (c), (d), (e), (f) (West 2002).

The leading decision addressing interest on medical expenses awards is Folks v. Hurlbert's Wholesale Siding & Roofing, Inc., 93 Ill.App.3d 19, 48 Ill.Dec. 472, 416 N.E.2d 745 (1981). There, relying on the provision in section 8(a) that "the furnishing of any such services * * * is not the payment of compensation", the court held that medical expenses are not "compensation" subject to interest under section 19(n). Folks, 93 Ill.App.3d at 21-22, 48 Ill.Dec. 472, 416 N.E.2d 745. The court distinguished Ahlers v. Sears, Roebuck Co., 73 Ill.2d 259, 22 Ill.Dec. 731, 383 N.E.2d 207 (1978), which held that claimants may recover medical expenses pursuant to section 19(g) of the Act, which provides for actions in the circuit court to recover "compensation." Folks, 93 Ill.App.3d at 22, 48 Ill.Dec. 472, 416 N.E.2d 745. According to the Folks court, "compensation" as used in the Act was a term of art, and Ahlers did not deal with interest under section 19(n). Folks, 93 Ill.App.3d at 22, 48 Ill.Dec. 472, 416 N.E.2d 745. Kuhl followed Folks. Kuhl, 147 Ill.App.3d at 525, 101 Ill.Dec. 58, 498 N.E.2d 240; see also Spinak, Levinson & Associates v. Industrial Comm'n, 209 Ill.App.3d 120, 125-26, 154 Ill.Dec. 41, 568 N.E.2d 41 (1990); Aper v. National Union Electric Corp., 165 Ill.App.3d 482, 484, 116 Ill.Dec.

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Bluebook (online)
842 N.E.2d 204, 362 Ill. App. 3d 1147, 299 Ill. Dec. 465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vulcan-materials-co-v-industrial-comn-illappct-2005.