Johnson v. Great West Casualty Company
1:14-cv-07858
N.D. Ill.Aug 11, 2015Background
- Johnson injured May 3, 2013 while driving for Melton Truck Lines; termination occurred around June 13, 2013.
- Johnson filed a workers’ compensation claim in Illinois against Melton and its insurer Great West; claim remained pending.
- Great West contested IWCC jurisdiction by arguing Johnson was not hired in Illinois and had Ohio contacts; Johnson also pursued an Ohio WC claim in 2014.
- Johnson sues Great West, Jensen, Brummond, and unknown defendants in federal court asserting RICO and various state-law claims (ICFA, bad faith, negligent misrepresentation, tortious interference, IIED, conspiracy).
- Court granted motion to dismiss: IWCA exclusivity bars state-law claims arising from workers’ compensation proceedings; federal claims (RICO) insufficiently pled; ICFA claim lacking consumer relationship; tortious interference claims fail on at-will employment and causation grounds; dismissal was without prejudice.
- Notes indicate related Ohio proceeding and broader dispute over jurisdiction and conduct in defense of WC claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| IWCA exclusivity applies to Johnson’s state claims | Johnson asserts state-law claims independent of WC remedy. | Exclusivity of IWCA bars these tort/claims arising from delaying/defending WC claim. | IWCA exclusivity applies; state claims dismissed. |
| RICO claim viability | Johnson pled a RICO theory against Great West and employees. | Defendants are not the RICO enterprise; pattern required not shown. | RICO claim fails; dismissal granted. |
| ICFA claim viability | Johnson is a consumer under ICFA; insurer actions constitute fraud. | Plaintiff not a consumer; third-party claimant; no ICFA relationship. | ICFA claim dismissed. |
| Tortious interference viability | Great West interfered with Johnson’s employment and future opportunities. | At-will employment; no contractual basis or plausible causation. | Tortious interference claims fail. |
Key Cases Cited
- Robertson v. Travelers Ins. Co., 95 Ill. 2d 441 (1983) (exclusivity applies to bad faith or vexatious delay in WC claims)
- H.J. Inc. v. Nw. Bell. Tel. Co., 492 U.S. 229 (1989) (continuity/prong of pattern in RICO analysis)
- Jennings v. Auto Meter Prods., Inc., 495 F.3d 466 (7th Cir. 2007) (single victim; no pattern; no pattern-based RICO)
- U.S. Textiles, Inc. v. Anheuser-Busch Cos., Inc., 911 F.2d 1261 (7th Cir. 1990) (fraud predicates; pattern requirements in RICO)
- Cody v. Harris, 409 F.3d 853 (7th Cir. 2005) (tortious interference; at-will employment)
- McCoy v. Iberdrola Renewables, Inc., 760 F.3d 674 (7th Cir. 2014) (elements of tortious interference with prospective economic advantage)
- Perfection Carpet v. State Farm Fire & Cas. Co., 259 Ill. App. 3d 21 (1994) (broad interpretation of IWCA exclusivity)
- McAnally v. Butzinger Builders, 263 Ill. App. 3d 504 (1994) (Illinois WC Act §4(g) action against employer and carrier)