Noonan v. Illinois Workers' Compensation Comm'n, 65 N.E.3d 530

Background

Terry Noonan, a City of Chicago employee, injured his right wrist on March 31, 2008, when his rolling chair slid as he reached to pick up a dropped pen while working as a clerk; he later had surgery.
At arbitration the arbitrator found Noonan failed to prove the injury "arose out of" his employment and denied benefits; the Illinois Workers' Compensation Commission affirmed.
The Cook County circuit court reversed the Commission and remanded for benefits in March 2014.
On remand the Commission again denied benefits (providing expanded reasoning); the circuit court then attempted to set aside its earlier remand order and affirmed the Commission’s original decision, prompting further appeal.
The appellate court held the circuit court exceeded its statutory authority in nullifying its prior remand order, but reviewed whether the Commission’s original denial was proper and ultimately reinstated the Commission’s initial denial of benefits.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Noonan's wrist injury "arose out of" his employment	Reaching for a pen was incidental to clerk duties (essential to filling out forms) — an employment-related risk	The fall from a chair while reaching is a neutral/personal risk not peculiar to employment; no defect or work condition contributed	Held for defendant: injury did not arise out of employment; Commission's denial reinstated
Whether Commission was required to follow the circuit court's remand order	N/A (procedural)	Circuit court remand directed Commission to award benefits; Commission refused on legal grounds	Court held Commission could not ignore remand; but appellate court reviews original Commission decision and reinstates it; remand order reversed
Whether neutral-risk analysis applies (was exposure greater than general public?)	Noonan: job required use of pen, so qualitative exposure greater	Employer: reaching for pen while seated is common to public; no evidence of increased exposure or defective premises	Held for employer: neutral risk; no qualitative or quantitative greater exposure proved
Effect of prior work-related back injury on causation	Noonan: back injury forced him to reach differently (bend sideways), increasing risk and connecting the wrist injury to employment	Employer: prior back injury unrelated to wrist injury; no proof bending increased fall risk	Held for employer: prior back injury did not causally link to wrist injury; insufficient evidence of causal progression

Key Cases Cited

Sisbro, Inc. v. Industrial Comm'n, 797 N.E.2d 665 (Ill. 2003) (burden and standard: injury must arise out of and in the course of employment)
Caterpillar Tractor Co. v. Industrial Comm'n, 541 N.E.2d 667 (Ill. 1989) (definition: acts employer instructs or reasonably expects and risks incidental to employment)
Orsini v. Industrial Comm'n, 509 N.E.2d 1005 (Ill. 1987) (injury compensable only if risk is peculiar to work or greater than general public)
Metropolitan Water Reclamation Dist. v. Workers' Compensation Comm'n, 944 N.E.2d 800 (Ill. App. Ct.) (classification of risks: employment-related, personal, neutral; neutral risks require greater exposure)
Board of Trustees v. Industrial Comm'n, 254 N.E.2d 522 (Ill. 1969) (turning in a chair without more is not compensable; no defective condition shown)
Hopkins v. Industrial Comm'n, 553 N.E.2d 732 (Ill. App. Ct.) (similar holding: ordinary chair turn causing injury is personal/noncompensable risk)
Interlake, Inc. v. Industrial Comm'n, 515 N.E.2d 202 (Ill. App. Ct.) (progression of an earlier compensable injury may be compensable if causally connected)
Homerding v. Industrial Comm'n, 765 N.E.2d 1064 (Ill. App. Ct.) (parking/parking-lot trip: employer-related neutral-risk analysis where work required exposure to risk)
First Cash Financial Services v. Industrial Comm'n, 853 N.E.2d 799 (Ill. App. Ct.) (falls compensable when workplace defect or work-related task contributes to fall)