2013 IL App (3d) 120411WC
Ill. App. Ct.2014Background
- Claimant Stanislawa Mlynarczyk, traveling employee for Janitorial by Sophie, alleges a compensable injury from a December 5, 2007 fall while en route to a work assignment.
- She and her husband Edward were transported by minivan provided by the employer, used for work and personal trips with employer paying most vehicle costs.
- On the day of the accident, after a postponed day of work, claimant and Edward planned to work an additional evening shift; they were leaving their home to return to work when the fall occurred.
- Claimant slipped on a snow-covered area adjacent to a driveway, allegedly on a public sidewalk, after leaving the residence but before entering any vehicle for transport to work.
- Lower tribunal decisions: arbitrator found a compensable accident; Commission reversed, ruling no causal connection or course-of-employment; Will County Circuit Court affirmed the Commission’s decision; appellate review followed.
- Court reverses and remands for further proceedings to reinstate the arbitrator’s awards and address attorney fees and penalties
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether claimant is a traveling employee under the Act | Claimant is traveling employee; travel is essential to duties | Commission held not a traveling employee | Yes, claimant is traveling employee |
| Whether the injury arose out of and in the course of employment | Injury occurred during travel to work; hazards of street apply | Injury occurred on private property, not during employment-related activity | In progress—reversed; injury arose out of and in the course of employment as traveling employee |
| Standard of review for traveling-employee determination | De novo review applicable for traveling-employee question | Manifest-weight review appropriate for factual findings | De novo review applied to traveling-employee issue |
Key Cases Cited
- Illinois Bell Tel. Co. v. Industrial Comm’n, 131 Ill. 2d 478 (1989) (establishes two-element test: in the course and arises out of employment)
- Caterpillar Tractor Co. v. Industrial Comm’n, 129 Ill. 2d 52 (1989) (defines aris es out of employment as causal connection or greater exposure to employment risks)
- Becker v. Industrial Comm’n, 308 Ill. App. 3d 278 (1999) (emphasizes causal connection requirement)
- Venture-Newberg Perini Stone & Webster v. Illinois Workers’ Compensation Comm’n, 2012 IL App (4th) 110847WC (2012) (traveling-employee standard; reasonableness/foreseeability of conduct)
- Cox v. Illinois Workers’ Compensation Comm’n, 406 Ill. App. 3d 541 (2010) (traveling employee treated as in course of employment from home to work)
- Illinois Institute of Technology Research Institute v. Industrial Comm’n, 314 Ill. App. 3d 149 (2000) (extends street-risk doctrine to some inside-structure scenarios)