Quasi Criminal Acts Excluded from the Illinois Workers' Compensation Act

We have several worker injury cases to discuss today but right now I want to focus on only one. This one involves an Illinois State Trooper involved 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. 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. 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. Matthew 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.

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