Netzel v. Industrial Comm'n
Case Date: 01/14/1997
Court: Industrial Commission
Docket No: 1-96-1571WC
|
IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT INDUSTRIAL COMMISSION DIVISION DEBRA NETZEL, ) Appeal from Appellee, ) Circuit Court v. ) Cook County THE INDUSTRIAL COMMISSION, et al. ) No. 84L52447 (Presbyterian Nursing Home, ) 95L50636 Appellant.) ) ) Honorable ) Lester A. Bonaguro, ) Judge Presiding. JUSTICE RARICK delivered the opinion of the court: Claimant, Debra Netzel, sought benefits pursuant to the Workers' Compensation Act (Act) (Ill. Rev. Stat. 1977, ch. 48, par. 138.1 et seq.) for injuries sustained to her back on October 12, 1978, at respondent Presbyterian Nursing Home. The arbitrator determined that claimant failed to prove an employer/employee relationship existed between claimant and respondent and accordingly denied benefits. The Industrial Commission (Commission) affirmed the decision of the arbitrator. The circuit court of Cook County, however, set aside the decision of the Commission holding that as a matter of law the Commission erred in denying claimant compensation. The court further found in the alternative that the Commission's decision was against the manifest weight of the evidence and remanded the cause to the Commission for further proceedings. Respondent appealed the circuit court's decision, but we dismissed the appeal because, in light of the order of remand, the circuit court's decision was not final. On remand, the Commission found an employer/employee relationship existed between claimant and respondent and further found a causal connection between claimant's injuries and the October 12, 1978, accident. The Commission, in turn, remanded the cause back to the arbitrator for a further hearing and determination on the issues of temporary total disability, medical expenses, permanent disability and average weekly wage. The arbitrator concluded claimant sustained an accident arising out of and in the course of her employment and awarded 60 6/7 weeks of temporary total disability benefits, medical costs of $19,924.60 and permanent disability to the extent of 25% loss of use of a person. The arbitrator also awarded attorney fees and penalties under sections 19(k) and 19(l) of the Act. On review, the Commission vacated the award of penalties and attorney fees but otherwise affirmed the arbitrator's decision. The circuit court confirmed the decision of the Commission. Respondent appeals both decisions of the circuit court. The issues presented on appeal are whether an employee/employer relationship existed in this instance and whether the award of compensation is against the manifest weight of the evidence. Also at issue is whether the determination of claimant's status is a question of law or a matter of manifest weight of the evidence. On October 12, 1978, claimant, age 21, was an unlicensed private duty nurse caring exclusively for one patient at Presbyterian Nursing Home. Claimant had been caring for this same patient since June of 1978 and had learned of her need for assistance through the Altru Nurse Registry (Altru). Claimant initially registered with Altru i |