Interstate Scaffolding, Inc. v. Com'n

• Decision Date: 22 January 2010
• Docket Number: No. 107852.,107852.
• Citation: 923 N.E.2d 266,337 Ill. Dec. 707,236 Ill.2d 132
• Parties: INTERSTATE SCAFFOLDING, INC., Appellee, v. The ILLINOIS WORKERS' COMPENSATION COMMISSION et al. (Jeff Urban, Appellant).
• Court: Illinois Supreme Court

923 N.E.2d 266

236 Ill.2d 132

337 Ill. Dec. 707

INTERSTATE SCAFFOLDING, INC., Appellee, v. The ILLINOIS WORKERS' COMPENSATION COMMISSION et al. (Jeff Urban, Appellant).

No. 107852.

Supreme Court of Illinois.

January 22, 2010.

Mitchell W. Horwitz, Marc A. Perper, Patrick Serowka, of Horwitz, Horwitz & Associates, Ltd., and William J. Harte,

Ronald J. Lukes, all of Chicago, for appellant.

William J. Cook and Anthony J. Cacchillo, Chicago, for appellee.

David B. Menchetti, of Cullen, Haskins, Nicholson & Menchetti, P.C., Chicago, for amicus curiae Illinois AFL-CIO.

Kurt A. Niermann, of Presbrey & Associates PC, Aurora, and Bruce R. Pfaff, of Pfaff & Gill Ltd., Chicago, for amicus curiae Illinois Trial Lawyers Association.

Karen L. Kendall and Brad A. Elward, of Heyl, Royster, Voelker & Allen, Peoria, for amicus curiae Illinois Defense Trial Counsel.

Nyhan, Bambrick, Kinzie & Lowry, P.C., Chicago (Christopher J. Gibbons and Richard A. Kimnach, of counsel), for amicus curiae Illinois Self Insurers Association.

OPINION

Justice BURKE delivered the judgment of the court, with 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, [sic] 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, 78 Ill.2d 327, 399 N.E.2d 1322, 35 Ill.Dec. 794 (1980)." The Commission also ordered Interstate to pay Urban interest on the award pursuant to section 19(n) of the Act. The Commission did not discuss or make any findings with regard to Urban's termination.

Interstate sought administrative...