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Bechtel Group, Inc. v. Industrial Comm'n

Case Date: 06/28/1999
Court: Industrial Commission
Docket No: 2-98-1015WC

Bechtel Group, Inc. v. Industrial Comm'n, No. 2-98-1015WC

2nd District, 28 June 1999

Industrial Commission Division

BECHTEL GROUP, INC.,

Appellant,

v.

THE INDUSTRIAL COMMISSION et al.

(Kenneth Pacholek, Appellee).

 Appeal from the Circuit Court of Du Page County

No. 98MR109

Honorable Robert E. Byrne, Judge, Presiding.

PRESIDING JUSTICE McCULLOUGH delivered the opinion of the court:

Respondent employer Bechtel Group, Inc., appeals from an order of the circuit court of Du Page County confirming the decision of the Industrial Commission (Commission) finding claimant Kenneth Pacholek had sustained an accidental injury arising out of and in the course of his employment on July 20, 1995. The arbitrator found that claimant failed to prove he sustained an injury arising out of and in the course of his employment.

Although the parties did not address the question of this court's jurisdiction in their briefs, they were directed to do so at oral argument. The Commission decision in this case remanded the proceeding to the arbitrator, purportedly pursuant to Thomas v. Industrial Comm'n, 78 Ill. 2d 327, 399 N.E.2d 1322 (1980). Thomas held that the arbitrator need not rule prematurely on the issue of permanency; the arbitrator can consider the evidence relating to temporary total disability (TTD) and make a TTD award; and the issue of permanency can be considered by the arbitrator later, upon remand. The fact the permanency would be considered later does not divest the Commission or the courts of jurisdiction to consider the propriety of the TTD award, since that had been finally determined. Thomas, 78 Ill. 2d at 332-35, 399 N.E.2d at 1324-25; 820 ILCS 305/19(b) (West 1996).

Section 19(b) provides in part:

"The Arbitrator may find that the disabling condition is temporary and has not yet reached a permanent condition and may order the payment of compensation up to the date of the hearing, which award shall be reviewable and enforceable in the same manner as other awards, and in no instance be a bar to a further hearing and determination of a further amount of temporary total compensation or of compensation for permanent disability, but shall be conclusive as to all other questions except the nature and extent of said disability." 820 ILCS 305/19(b) (West 1996).

Section 19(b) in conjunction with 50 Ill. Adm. Code