2013 IL App (2d) 120909WC
Ill. App. Ct.2014Background
- Claimant Cindy Mansfield sought workers’ compensation for July 23, 2003 and September 9, 2003 injuries from Naperville Park District.
- Claimant also operated a piano-teaching business from home; earnings from this concurrent employment were at issue for the average weekly wage.
- Arbitrator found causation and awarded benefits in case 04WC13563; the Commission modified causation and limited certain benefits.
- Circuit court remanded to recalculate average weekly wage, directing recalculation consistent with the opinion.
- The court ultimately reversed the Commission’s inclusion of claimant’s home-business profits in the average weekly wage and remanded for recalculation, while affirming other aspects of the decision.
- The opinion affirms most holdings but remands for recalculation of wage and related benefits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation after April 30, 2004 | Mansfield contends the Sept. 9, 2003 accident caused ill-being after April 2004. | IWCC relied on medical opinions showing no causal link after April 2004. | Not causally related; manifest weight supports Commission finding. |
| Average weekly wage including home piano profits | Mansfield argues wages include net profits from concurrent home piano business. | Employer argues profits from home business should be excluded as not wages. | Net profits not included; remand to recalculate wage and benefits. |
| Permanency award support | Argues improper relation between causation and permanency. | Commission appropriately set permanency under causation framework. | Affirmed; permanency determination not against the manifest weight. |
Key Cases Cited
- Paoletti v. Industrial Comm’n, 279 Ill. App. 3d 988 (1996) (whether business income may be included in average weekly wage; net profits not wages, unless evidence of comparable wage exists)
- Caterpillar Tractor Co. v. Industrial Comm’n, 129 Ill. 2d 52 (1989) (causation burden and deference to Commission findings on causation)
- Jewel Food Cos. v. Industrial Comm’n, 256 Ill. App. 3d 525 (1993) (standard of review for permanent disability awards; substantial deference to Commission)
- Tower Automotive v. Industrial Workers’ Compensation Comm’n, 407 Ill. App. 3d 427 (2011) (claims related to compensation awards; review framework)