delivered the judgment of the court, with opinion.
Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.
OPINION
In this appeal we are asked to consider whether an employer’s obligation to pay temporary total disability (TTD) workers’ compensation benefits to an employee who was injured in the course of his employment ceases when the employer terminates the employee for conduct unrelated to the injury. For reasons that follow, we hold that when an employee who is entitled to receive workers’ compensation benefits as a result of a work-related injury is later terminated for conduct unrelated to the injury, the employer’s obligation to pay TTD workers’ compensation benefits continues until the employee’s medical condition has stabilized and he has reached maximum medical improvement.
BACKGROUND
Claimant Jeff Urban (Urban) was employed by Interstate Scaffolding, Inc. (Interstate), as a union carpenter on July 2, 2003, when he sustained a work-related injury to his head, neck, and back. He was transported by ambulance to Silver Cross Hospital, where he was diagnosed with a mild concussion and cervical strain. Although Urban returned to work soon after the injury, he continued to experience persistent headaches, cervical pain, and numbness in his arms.
Between July 2, 2003, and May 25, 2005, Urban underwent numerous diagnostic tests and treatments for his medical condition resulting from the July 2, 2003, injury. At times Urban’s doctor required him to remain off work. At other times, Urban was able to work “light duty” with restrictions ordered by his doctor. Urban received TTD workers’ compensation benefits when he could not work and, when working light duty, Urban received a workers’ compensation maintenance benefit to make up the difference in income between his previous carpenter’s pay and his light-duty pay. It is undisputed that between July 2, 2003, and May 25, 2005, Interstate paid a total of $48,060.80 in TTD and maintenance benefits, as well as medical expenses totaling $50,809.78.
On May 25, 2005, an incident occurred, culminating in Urban’s dismissal. On that day Urban was working a light-duty assignment at Interstate’s East Hazel Crest facility. Sometime that morning, Urban went to the office and spoke to Rebecca Parks, a secretary at Interstate who worked in payroll. He told her that he believed there was an error in his paycheck regarding the amount deducted for federal withholding. During the discussion with Parks, Urban mentioned that a paycheck he received a few weeks earlier also had been wrong. He stated that in the earlier check he had been overpaid because he was paid union scale instead of light-duty pay.
After speaking with Parks, Urban went back to work. Parks, however, relayed what Urban had told her to Jan Coffey, the assistant to Interstate’s president, Ron Fowler. Upon learning this information, Coffey became irate. She knew that a few weeks earlier, in April 2005, Urban had written some religious “graffiti” or slogans in a storage room on Interstate’s premises. Therefore, when she learned that Urban had retained an overpayment in his paycheck, Coffey felt that such conduct ran counter to Urban’s professed religious beliefs. Coffey left the office to find Urban, confronted him, and accused him of being a “hypocrite.”
Urban became angered by Coffey’s confrontation. He engaged in a brief heated argument with Coffey, after which he called the East Hazel Crest police department and lodged a complaint of harassment and religious discrimination. A police officer arrived at the Interstate facility and interviewed both Urban and Coffey. Although a police report was prepared, no arrests or other action was taken by the police.
After the officer left the facility, Coffey phoned company president Ron Fowler and told him what had occurred. According to Coffey, during this phone call she told Fowler, for the first time, about the religious graffiti Urban had written on the shelves of the storage room. Coffey said she only told Fowler about the graffiti to explain why she had become so upset by Urban’s comments to Parks.
After Coffey spoke to Fowler, Fowler asked to speak with Urban’s supervisor, Barry Manuel. Fowler instructed Manuel to fire Urban. When Manuel did so, he told Urban that Fowler’s stated reason for Urban’s dismissal was Urban’s defacement of Interstate property as a result of the religious graffiti Urban had written in permanent black marker in the storage room.
When Interstate terminated Urban, it also refused to pay him TTD benefits. Consequently, Urban filed an application for adjustment of claim with the Workers’ Compensation Commission.
On June 28, 2005, a hearing was held on Urban’s claim before Leo Hennessy, an arbitrator for the Workers’ Compensation Commission. At the hearing, Urban testified regarding his July 2, 2003, injury and the subsequent medical treatment he had received. Urban explained that on July 2, 2003, he had suffered heat stroke and was injured when he was dropped on his head while being transported to the ambulance. Subsequently, he continued to experience headaches, neck pain, shoulder pain, and numbness in his upper extremities. In December 2003, he began treatment with Dr. Young at Rush University Hospital. Dr. Young sent Urban for MRI testing and started him on a course of treatment which included injections for neck pain; nerve block and radio frequency procedures for migraine headaches and shoulder pain; and physical therapy.
Urban testified that he also saw Dr. Bernstein at his employer’s request. Dr. Bernstein recommended a spinal fusion operation. Urban testified that he had rejected this more radical procedure until he could determine whether the medication and therapies prescribed by Dr. Young would be successful. However, he testified at the hearing that he was still experiencing significant pain and, for that reason, now decided to undergo the spinal fusion operation.
Urban also testified about the events surrounding his dismissal. Urban admitted that he had written religious slogans in the storage room at Interstate’s facility, but he did not believe those writings were the reason for his dismissal. Urban testified that other employees had written on, or made markings on, the shelves and walls of the storage room and there had never been any repercussions of any kind.
After Urban completed his testimony, he placed into evidence several exhibits containing his medical records. These records documented the diagnoses, medications, and treatments Urban had received from the date of the injury through the date of the hearing.
The only other witness to testify at the hearing was Jan Coffey, who testified for Interstate. Her testimony was solely about the events of May 25, 2005, which led up to Urban’s dismissal. In addition, a typed summary of the events, prepared by Coffey and Parks on or about May 25, 2005, was introduced as Interstate’s exhibit No. 7. Interstate also placed into evidence exhibits consisting of photographs of the religious graffiti Urban admittedly wrote on the shelves of the storage room.
On July 22, 2005, the arbitrator issued a decision on Urban’s claim. After summarizing the facts of the case and recounting the testimony presented at the hearing, arbitrator Hennessy came to the following conclusion:
“Notwithstanding the divisive, conflicting testimony regarding the arguments and confrontations of May 25, 2005, at the Respondent’s place of business and the unusual basis for the termination of the Petitioner, this Arbitrator finds the Petitioner is not entitled to temporary total disability benefits subsequent to his termination of May 25, 2005.”
The arbitrator’s decision, which offered no explanation as to why Urban was found not to be entitled to TTD benefits, was filed with the Workers’ Compensation Commission on July 27, 2005. Urban then filed a petition for review pursuant to section 19(b) of the Workers’ Compensation Act (820 ILCS 305/19(b) (West 2004)).
On November 16, 2006, the Commission issued a decision modifying the arbitrator’s ruling.
1
In its decision, the Commission held that Urban was entitled to TTD benefits in the sum of $1,004.41 per week for the five-week period between Urban’s May 25, 2005, termination and the arbitration hearing on June 28, 2005, “based on the fact that Petitioner’s condition had not stabilize [sic] as of the June 29, 2005, [szc] Arbitrator’s hearing.” In addition, the Commission remanded the matter to the arbitrator “for further proceedings for a determination of a further amount of temporary total compensation or of compensation for permanent disability, if any, pursuant to Thomas v. Industrial Commission,
Interstate sought administrative review of the Commission’s decision in the circuit court of Will County. The circuit court confirmed the Commission’s decision.
Further appeal was taken by Interstate and, in a 3-2 decision, the workers’ compensation division of the appellate court reversed the Commission’s decision and award of benefits. The appellate court concluded that Urban was not entitled to TTD benefits after his termination “for cause” on May 25, 2005.
Urban filed a timely petition for leave to appeal with this court, which we granted. We permitted the Illinois Trial Lawyers Association and the Illinois AFL-CIO to file amicus curiae briefs in support of Urban. In addition, the Illinois Association of Defense Trial Counsel and the Illinois Self Insurers Association were permitted to file amicus curiae briefs on behalf of Interstate.
ANALYSIS
In the case at bar, the Commission awarded Urban TTD benefits, finding that Urban’s work-related injury had not yet stabilized. The appellate court agreed with the Commission’s factual findings that Urban’s work-related injury had not stabilized and that Urban remained temporarily totally disabled. Nevertheless, the appellate court set aside the Commission’s award of benefits based on the fact that Urban had been discharged by his employer due to conduct unrelated to his injury. Thus, the issue before us is one of law — whether an employer’s obligation to pay temporary total disability benefits to an employee who suffered a work-related injury ends if the employee returns to work for a light-duty assignment and, while working light duty, is terminated for conduct unrelated to his injury. Our review, therefore, is de novo. See Flynn v. Industrial Comm’n,
Urban argues that an employee’s dismissal should have no impact on that employee’s entitlement to TTD benefits. He contends that here, as in any case which comes before the Commission where the question is whether an injured employee is entitled to TTD benefits, the dispositive test is whether the worker’s condition has stabilized and he has reached maximum medical improvement. See Freeman United Coal Mining Co. v. Industrial Comm’n,
Interstate, on the other hand, embraces the logic and reasoning of the majority opinion of the appellate court below and asks us to adopt its holding that an employer may cease paying TTD benefits if the injured employee commits a volitional act of misconduct that serves as justification for his termination. See
It is a well-settled principle that when a claimant seeks TTD benefits, the dispositive inquiry is whether the claimant’s condition has stabilized, i.e., whether the claimant has reached maximum medical improvement. Westin Hotel v. Industrial Comm’n,
Applying these standards, the appellate court agreed “there was sufficient evidence to support the Commission’s finding that claimant’s condition had not stabilized.”
“Although we agree that claimant was still temporarily totally disabled at the time of his termination, the more interesting aspect of this appeal is whether claimant is entitled to TTD benefits following his discharge from respondent’s employ.”385 Ill. App. 3d at 1044 .
In determining what impact, if any, an employee’s discharge might have on the employee’s entitlement to TTD benefits, the appellate court first looked to Illinois case law and found two cases, City of Granite City v. Industrial Comm’n,
The appellate court then conducted an independent review of decisions by courts from other jurisdictions that had addressed the question of an employee’s entitlement to TTD benefits following a discharge for misconduct. See
“[W]e find that allowing an employee to collect TTD benefits from his employer after he was removed from the work force as a result of volitional conduct unrelated to his injury would not advance the goal of compensating an employee for a work-related injury.” (Emphasis added.)385 Ill. App. 3d at 1047 .
Based on this conclusion, the majority held that Urban was not entitled to TTD benefits following his dismissal, which was the result of Urban’s volitional conduct unrelated to his injury. The majority set aside the Commission’s decision and its award of TTD benefits.
The two justices who dissented agreed with the majority that an employee’s TTD benefits could be discontinued when the employee is terminated as a result of his “volitional acts of conduct (or misconduct) that are unrelated to his disabling condition.” They disagreed, however, with the majority’s outright reversal of the Commission’s decision in the present case.
“[A]n employer who terminates an injured employee and who discontinues the employee’s temporary benefits, has the burden to establish (a) that the employee violated a rule or policy, (b) that the employee was fired for a violation of that rule or policy, (c) that the violation would ordinarily result in the termination of a nondisabled employee, and (d) that the violation was a voluntary act within the control of the employee and not caused by the employee’s disability. If the employer establishes that its employee has engaged in misconduct constituting a constructive refusal to perform the work provided or to participate in the rehabilitation plan, then the burden shifts to the employee to produce evidence to rebut the employer’s evidence, or to establish that his work-related injury contributed to his subsequent wage loss. If the employee establishes that the medical restrictions resulting from the work-related injury prevent him from securing employment at pre-injury work levels, temporary disability benefits should be payable for the loss of earning capacity.”385 Ill. App. 3d at 1051-52 (Donovan, J., dissenting, joined by Holdridge, J.).
The dissenting justices would have set aside the Commission’s decision and remanded the matter to the Commission “with instructions to afford the parties an opportunity to present additional evidence in accordance with the framework set forth in this decision.”
We have reviewed the appellate court judgment and find that neither the majority nor the dissent has reached the correct conclusion on the issue before this court. It is important to remember that worker’s compensation is a statutory remedy and the Workers’ Compensation Commission, as an administrative agency, is without general or common law powers. See Flynn,
Looking to the Act, we find that no reasonable construction of its provisions supports a finding that TTD benefits may be denied an employee who remains injured, yet has been discharged by his employer for “volitional conduct” unrelated to his injury. A thorough examination of the Act reveals that it contains no provision for the denial, suspension, or termination of TTD benefits as a result of an employee’s discharge by his employer. Nor does the Act condition TTD benefits on whether there has been “cause” for the employee’s dismissal. Such an inquiry is foreign to the Illinois workers’ compensation system.
The fundamental purpose of the Act is to provide injured workers with financial protection until they can return to the work force. Flynn,
The Act provides incentive for the injured employee to strive toward recovery and the goal of returning to gainful employment by providing that TTD benefits may be suspended or terminated if the employee refuses to submit to medical, surgical, or hospital treatment essential to his recovery, or if the employee fails to cooperate in good faith with rehabilitation efforts. See 820 ILCS 305/19(d) (West 2004); R.D. Masonry, Inc. v. Industrial Comm’n,
The appellate court found that permitting the termination of benefits to an employee who is “justifiably” discharged “comports with the [position] taken in Granite City and Schmidgall.” We disagree.
In Schmidgall, the claimant testified at his arbitration hearing that he was experiencing constant pain as a result of his work-related injury and his doctors had not released him to return to work. The Commission denied the claim for TTD benefits, however, concluding that the claimant, who had begun receiving social security pension benefits, was automatically precluded from simultaneously receiving workers’ compensation benefits. Schmidgall,
In Granite City, the appellate court considered whether the claimant was eligible to receive TTD benefits while simultaneously receiving disability pension benefits. The Commission had denied the claimant TTD benefits — not because it had decided, as a matter of policy, that a person could not simultaneously receive both workers’ compensation benefits and disability pension benefits (Granite City,
In both Schmidgall and Granite City, the touchstone for determining whether the claimants were entitled to TTD benefits was not the voluntariness of their departure from the workforce, as the appellate court believed. Rather, the touchstone was whether the claimants’ conditions had stabilized to the extent that they were able to reenter the workforce.
The appellate court below believed that a discharged employee should be automatically barred from receiving TTD benefits because “allowing an employee to collect TTD benefits from his employer after he was removed from the work force as a result of volitional conduct unrelated to his injury would not advance the goal of compensating an employee for a work-related injury.”
It is a well-settled principle that the Act is a remedial statute and should be liberally construed to effectuate its main purpose — providing financial protection for injured workers. Flynn,
It remains the law in Illinois that an at-will employee may be discharged for any reason or no reason. Hartlein v. Illinois Power Co.,
For the reasons stated above, we hold that an employer’s obligation to pay TTD benefits to an injured employee does not cease because the employee had been discharged — whether or not the discharge was for “cause.” When an injured employee has been discharged by his employer, the determinative inquiry for deciding entitlement to TTD benefits remains, as always, whether the claimant’s condition has stabilized. If the injured employee is able to show that he continues to be temporarily totally disabled as a result of his work-related injury, the employee is entitled to TTD benefits.
In the case at bar, the Commission found that Urban’s condition, which was the result of a work-related injury, had not stabilized, and that he had not yet reached maximum medical improvement. We agree with the appellate court that these factual finding by the Commission are not against the manifest weight of the evidence and are sufficiently supported by the evidence.
CONCLUSION
The judgment of the appellate court is reversed. The decision of the Workers’ Compensation Commission and its award of benefits to Urban are reinstated.
Appellate court judgment reversed; Commission decision reinstated.
Notes
The Commission subsequently issued a corrected decision on December 6, 2006, to address a clerical error. The December 6 decision was otherwise identical to the November 16, 2006, decision.