2014 IL App (3d) 120820WC
Ill. App. Ct.2014Background
- claimant Jane R. Brais, an employee of the Kankakee County circuit clerk’s office, sustained a left wrist injury on December 20, 2006.
- injury occurred as she was returning to her office from a work-related meeting at the administration building, proceeding toward the courthouse front entrance.
- the employee entrance was locked at 9:30 a.m., so she used the front entrance, the usual route established for her, where the fall occurred.
- she fell on a cracked, uneven sidewalk with large cracks, a half- to one-inch level difference, while wearing two-inch heels.
- the medical history shows a left scaphoid fracture initially treated, ultimately leading to a left wrist fusion and related procedures.
- the arbitrator ruled the injury did not arise out of and in the course of employment; the Commission affirmed; the circuit court confirmed; the claimant appealed.
- the court held the injury arose out of employment due to the sidewalk being a special hazard on the sole or usual route to the employer’s premises.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the injury arise out of the claimant’s employment? | Brais argues the risk was special and tied to employment. | The employer argues the inference is one of fact, reviewable for manifest weight. | Yes; the injury arose out of employment; de novo review applied. |
| Was the injury sustained in the course of employment? | Claimant was performing duties linked to attendance at a meeting. | Injury occurred on a public pathway near the courthouse, not within employment duties. | Yes; injury occurred in the course of employment. |
| Does a special hazard on the sole or usual access route establish arising out of employment? | Special hazard along the usual route renders the hazard part of employment. | General public risks on a public route are not necessarily employment-related. | Yes; the sole/usual access route with a special hazard satisfies arising out. |
Key Cases Cited
- Bommarito v. Industrial Comm’n, 82 Ill. 2d 191 (1980) (special hazards on sole or usual route arise out of employment)
- Litchfield Healthcare Center v. Industrial Comm’n, 349 Ill. App. 3d 486 (2004) (hazard on usual access route becomes part of the employment)
- Metropolitan Water Reclamation District of Greater Chicago v. IWCC, 407 Ill. App. 3d 1010 (2011) (street-risk doctrine; risks of street become risks of employment when required to be on the street)
- Caterpillar Tractor Co. v. Industrial Comm’n, 129 Ill. 2d 52 (1989) (curbs and general public risk; not arising out when no special hazard)
- Baggett v. Industrial Comm’n, 201 Ill. 2d 187 (2002) (definition and scope of ‘arising out of’ and ‘in the course of’)