Noonan v. Illinois Workers' Compensation Comm'n, 2016 IL App (1st) 152300WC

Terry Noonan, a City of Chicago clerk (formerly a truck driver with permanent back restrictions), claimed a work-related right wrist injury after his rolling chair slipped while he reached to pick up a pen on March 31, 2008.
He sought workers’ compensation benefits; an arbitrator and the Illinois Workers’ Compensation Commission (Commission) denied benefits, finding the act was not an increased employment risk.
The Circuit Court of Cook County reversed the Commission and remanded for an award of benefits; on remand the Commission again denied benefits with expanded reasoning.
The circuit court later reversed its own remand order, calling it "of no consequence;" the appellate court held that reversal was beyond the court’s authority in that posture but proceeded to review the Commission’s original decision.
The appellate majority reinstated the Commission’s initial denial, concluding the injury did not "arise out of" employment because the risk was neutral/personal and not greater than that faced by the general public.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether injury "arose out of" employment	Noonan: reaching for a pen was incidental to his clerk duties and therefore an employment risk	City: reaching for a dropped pen while seated is a neutral/personal risk, not peculiar to employment	Held: injury did not arise out of employment; risk was neutral and not greater than public risk
Whether prior work-related back injury made risk employment-related	Noonan: back restrictions forced him to reach sideways, increasing risk and linking wrist injury to employment	City: prior back injury unrelated to wrist incident; no evidence linking back condition to increased fall risk	Held: prior back injury did not establish causal connection to wrist injury
Whether Commission had to follow circuit court remand directions	Noonan: circuit court’s remand order required Commission to award benefits	Commission/majority view: court’s order flawed but binding until appellate review	Held: Commission erred in ignoring the remand order but appellate court reviews Commission’s original decision on merits; reinstated Commission decision
Standard of review — manifest weight	Noonan: Commission’s finding was against manifest weight	City: Commission’s factual finding entitled to deference	Held: Commission’s factual finding was not against manifest weight and was affirmed

Sisbro, Inc. v. Industrial Comm’n, 207 Ill. 2d 193 (defining "arising out of and in the course of" employment and burden of proof)
Caterpillar Tractor Co. v. Industrial Comm’n, 129 Ill. 2d 52 (employment-incidental-risk test)
Orsini v. Industrial Comm’n, 117 Ill. 2d 38 (risk must be peculiar to work or greater than public risk)
Northwestern University v. Industrial Comm’n, 409 Ill. 216 (commission required to follow court remand directions)
People ex rel. Campo v. Matchett, 394 Ill. 464 (remand with directions must be obeyed)
Interlake, Inc. v. Industrial Comm’n, 161 Ill. App. 3d 704 (progression of an earlier compensable injury can remain compensable)
Board of Trustees v. Industrial Comm’n, 44 Ill. 2d 207 (turning in a chair without more is noncompensable)
Hopkins v. Industrial Comm’n, 196 Ill. App. 3d 347 (similar reasoning to Board of Trustees; personal risk)
First Cash Financial Servs. v. Industrial Comm’n, 367 Ill. App. 3d 102 (falls compensable only when risk tied to employer premises or work tasks)
Homerding v. Industrial Comm’n, 327 Ill. App. 3d 1050 (neutral-risk/quantitative exposure analysis where job demands increased exposure)