In Illinois things are getting very interesting in the industrial commission's world. Is it as bad as it's being made out to be or are forces taking advantage of a few dumb action? I'm not sure the system is as it's being portrayed. Assuming things aren't what they might appear to be, it's still interesting to watch and to listen as the business community attacks the commission and the commission retorts by pushing the self-destruct button.

We have several worker injury cases we could discuss but right now I want to focus on only one. This one involves an Illinois State Trooper in a car accident on November 23, 2007 that resulted in a double fatality; he was talking on his phone at some point; although from the decision it isn’t entirely clear when in the sequence of events it occurred. I for one would have never guessed he would be denied benefits. I contacted my friend and colleague Nick Avgerinos who practices in the area of Illinois Workers Compensation to ask what he thought of the result. After I hear back from Nick I’ll update you on his thoughts.

I’ve uploaded the decision onto my website because I find it both interesting and a sign of the times. If you wish to read this interesting decision about an exclusion when intentional acts are considered to be of a quasi-criminal nature that are likely to result in serious injury, then  follow this link. The basis of the decision is: arising out of the course of the employment. Reportedly the third party tort case resulted in an $8 million dollar settlement with the estates of the two young women who were killed in this high speed collision. It seems this case has taken on a life of its own - separate from the industrial commissioner’s office. Mitchell vs Illinois State Police/State of Illinois, Case #10 WC 35184. County of St. Clair, State of Illinois. Hearing Arbitrator, Jennifer Teague.

The Arbitrator recognizes that a litany of cases exist which stand for the proposition that speeding, or driving too fast for conditions, does not necessarily remove oneself from the scope of employment. However, Illinois Courts have recognized a more modem theory as suggested by Professor Larson which suggests that, 'there must be the intentional doing of something of a quasi-criminal nature, either with knowledge, that is likely to result in serious injury, or with wanton disregard of probable consequences.' Stembridge Builders v. Industrial Commission, 201 IL.Dec. 656, 636 N.E.2d 1088 (III.App.2d Dist. 1994)

In the instant case, Petitioner simultaneously drove at speeds in excess of 120 miles per hour on a highway replete with holiday traffic, wrote emails on his in car computer, and took a personal phone call lasting almost four minutes long.

So what happens to lead to the controversy over this decision that ultimately seems to be giving the case a life of its own? The News Democrat gets involved with an FOIA case and obtains emails, which have been blown completely out of propotion to what they said. This in turn will likely lead to the reasons the emails were sought in the first place. Some kind of political gain while creating a distraction from solving economic problems. So let us join in and push the button of self destruction.

Did public outrage affect the ruling in the case?

The opinion also raises the question of why Teague wanted a December hearing in the case to be held “on the sly.” Regardless of whether her opinion holds up, if Teague had been leaning toward the “quasi-criminal” finding, it seems at least somewhat likely that would have squared up with those in the community who were dismayed over the possibility of awarding workers’ comp benefits to Mitchell, who pleaded guilty to two felony charges that resulted in a 30-month probation deal.

Another twist in the story comes from a Feb. 18 piece from the News-Democrat at its BND.com site, which says the denial of Mitchell’s claim was “one of [Teague's] final acts before she was placed on paid administrative leave” on Feb. 15–as was her co-worker John Dibble, another arbitrator. (According to records, Mitchell spent nearly two years suspended from duty, but also on salary.)

House Speaker Madigan co-sponsors resolution to audit workers' comp practices in Illinois - Saturday Feb 26, 2011 - Illinois House Speaker Michael Madigan has joined as a sponsor of a bi-partisan resolution calling for an audit of the Illinois Workers' Compensation... read entire article

Michael Madigan calls for audit of state's workers' comp program - Saturday Feb 26, 2011 - Illinois House Speaker Michael Madigan has introduced a bi-partisan resolution calling for an audit of the Illinois Workers Compensation program as... read entire article Read more: http://pd.belleville.com/sp?aff=1100&keywords=teague#ixzz1F6gyqsn2

Here let’s give Nick a plug, because if this stuff keeps up he’ll be serving Dunkin Donuts rather than practicing law and workers’ compensation.

Trooper in crash denied workers' comp
Commentary by News - Iowa & Illinois Jennifer Teague, an Illinois workers' compensation arbitrator, ruled serious leg injuries Matt Mitchell sustained in ...
www.thehawkeye.com/story/IL-Trooper-Crash-021911