2014 IL App (5th) 130361
Ill. App. Ct.2014Background
- Dale, a bus driver for South Central, injury occurred July 31, 2009, with medical disagreement about recommended surgery.
- Dale elected non-surgical management; dispute over claim timing allegedly delayed by employer.
- Dale was on 12-week FMLA leave; he was terminated March 4, 2010 for being medically unable to return.
- Dale filed a workers’ compensation claim October 9, 2009; settlement reached September 11, 2012, with lump-sum payment and medical benefits.
- Dale filed a retaliatory discharge claim November 19, 2010; South Central sought partial SJ on lost wages.
- Trial court granted partial SJ; circuit court certified two questions about exclusivity and lost wages; this court granted interlocutory appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lost wages due to WC-delay are exclusive to the Act. | Dale argues exclusivity should not bar lost wages from retaliatory discharge. | South Central argues exclusivity controls; lost wages not recoverable in civil action. | Lost wages fall within the Act’s exclusivity. |
| Whether termination while totally incapacitated due to employer delay in treatment falls outside exclusivity. | Dale contends delay-caused incapacity allows civil recovery for lost wages. | Employer delay does not circumvent exclusivity; damages limited to Act remedies. | Lost wages are within exclusivity; civil recovery barred. |
Key Cases Cited
- Ocasek v. Krass, 153 Ill. App. 3d 215 (1987) (exclusive remedy under Act for on-the-job injuries)
- Garland v. Morgan Stanley & Co., 2013 IL App (1st) 112121 (2013) (requires specific intent to injure to defeat exclusivity)
- Collier v. Wagner Castings Co., 81 Ill. 2d 229 (1980) (four-part test for exclusivity application)
- Keating v. 68th & Paxton, L.L.C., 401 Ill. App. 3d 456 (2010) (exclusive remedy for injuries arises from Act)
- Meerbrey v. Marshall Field & Co., 139 Ill. 2d 455 (1990) (exclusive remedy concept as quid pro quo)
- Siekierka v. United Steel Deck, Inc., 373 Ill. App. 3d 214 (2007) (causation and exclusivity in Act context)
- Land & Lakes Co. v. Industrial Comm’n, 359 Ill. App. 3d 582 (2005) (causation standard in Act context)
- National Freight Industries v. Illinois Workers’ Compensation Comm’n, 2013 IL App (5th) 120043WC (2013) (natural consequence doctrine within Act framework)