Calumet School District 132 v. Illinois Workers' Compensation Comm'n
67 N.E.3d 966
Ill. App. Ct.2016Background
- Jonathan Jordan, a middle-school science teacher for Calumet School District #132, injured his left forearm playing in an after-school student/teacher basketball game on March 23, 2011.
- Jordan testified he was repeatedly asked by principal Corey Levy to play, felt pressured because a performance review and contract renewal were imminent, and considered after-school student events part of his job duties.
- Teachers present had supervisory responsibility for students during the games; no outside supervisors or parents were required to attend. Jordan had not been a regular participant and did not want to play.
- Arbitrator awarded benefits, finding Jordan was not engaged in a "voluntary recreational program" under section 11 of the Illinois Workers' Compensation Act and that the injury arose out of and in the course of employment; Commission affirmed.
- Circuit court reversed, holding the activity fell within the section 11 voluntary-recreational exclusion; Jordan appealed to the appellate court.
Issues
| Issue | Plaintiff's Argument (Jordan) | Defendant's Argument (Calumet SD #132) | Held |
|---|---|---|---|
| Whether the after-school basketball game was a "voluntary recreational program" under 820 ILCS 305/11 | Jordan: Game was not recreational or voluntary — he was pressured, treated it as part of his job, and teachers had supervisory duties. | Employer: Participation was voluntary and recreational; teachers were not required to play. | Held: Not a voluntary recreational program; Commission's factual finding that Jordan participated as job-related, not for diversion, was not against manifest weight of evidence. |
| Whether the injury arose out of and in the course of employment | Jordan: Injury arose from a risk connected with his employment because he was acting in his capacity as teacher/supervisor during a school-sanctioned event. | Employer: Injury occurred during a voluntary recreational activity excluded by section 11, so not compensable. | Held: Injury arose out of and in the course of employment; benefits reinstated. |
| Standard of review for factual findings about "voluntary recreational program" and "arising out of" | Jordan: Commission's factual determinations entitled to deference. | Employer: Circuit court should overturn Commission and apply statutory exclusion. | Held: Whether activity is voluntary recreational and causation are factual issues for Commission; appellate court applies manifest-weight review and defers to Commission. |
| Whether appellate court has jurisdiction to review Jordan’s challenge to average weekly wage calculation | Jordan: Challenges Commission's wage calculation. | Employer: Jordan forfeited wage issue by not including it in notice of appeal. | Held: Jordan failed to include wage issue in notice of appeal and time to amend expired; appellate court lacked jurisdiction to address wage calculation. |
Key Cases Cited
- Sisbro, Inc. v. Industrial Comm'n, 207 Ill. 2d 193 (explains "arising out of" and "course of employment" analysis and causal-connection standard)
- Elmhurst Park District v. Illinois Workers' Compensation Comm'n, 395 Ill. App. 3d 404 (interprets "recreational" by ordinary meaning and analyzes when job-related activity is not "recreational")
- Pickett v. Industrial Comm'n, 252 Ill. App. 3d 355 (factual questions about section 11 and causation are for the Commission and reviewed for manifest weight)
- Illinois Institute of Technology Research Institute v. Industrial Comm'n, 314 Ill. App. 3d 149 (same principle: Commission's factual findings on voluntariness and coverage are binding unless against manifest weight)
- General Motors Corp. v. Pappas, 242 Ill. 2d 163 (notice-of-appeal requirements and jurisdictional effect)
- Heller Financial, Inc. v. Johns-Byrne Co., 264 Ill. App. 3d 681 (limits on amending notices of appeal after the statutory safety-valve period)