Dobbs Tire & Auto v. Illinois Workers' Compensation Comm'n
Dobbs Tire & Auto v. Illinois Workers' Compensation Comm'n
Opinion
¶ 1 These appeals were consolidated for purposes of oral argument and opinion by this court's own motion. In the first appeal, the claimant, Peggy Stolte, appeals the June 23, 2016, order of the circuit court of Fayette County that denied her motion for enforcement of judgment pursuant to section 19(g) of the Workers' Compensation Act (Act) ( 820 ILCS 305/19(g) (West *70 2014) ) and interest on her workers' compensation award, pursuant to section 2-1303 of the Code of Civil Procedure (Code) ( 735 ILCS 5/2-1303 (West 2014) ). In the second appeal, the employer, Dobbs Tire & Auto, appeals the June 16, 2016, judgment of the circuit court of St. Clair County that awarded the claimant, Ted Adams, $72,178.83 in postjudgment interest, pursuant to section 2-1303 of the Code ( id. ), after the claimant filed a pleading, pursuant to section 19(g) of the Act ( 820 ILCS 305/19(g) (West 2014) ), for the sole purpose of requesting the interest award. For the reasons that follow, we affirm the order entered by the circuit court of Fayette County in the appeal brought by Peggy Stolte, and we reverse the judgment entered by the circuit court of St. Clair County in the Dobbs Tire & Auto appeal.
¶ 2 FACTS
¶ 3 1. Stolte Appeal
¶ 4 On March 9, 2016, the claimant filed, in the circuit court of Fayette County, a pleading titled "Motion For Enforcement Of Judgment And Interest At 9% Per Annum, On Workers' Compensation Arbitration Decision And Commission Decision And Pursuant to 820 ILCS 305/19(g)" (motion). According to the motion, the arbitrator issued a decision on March 21, 2013, in favor of the claimant and against the employer, St. Anthony's Memorial Hospital, awarding the claimant permanent partial disability in the amount of $233.29 per week for 125 weeks, totaling $29,161.25. The employer appealed the award to the Illinois Workers' Compensation Commission (Commission), which confirmed the award. The employer appealed to the circuit court of Fayette County, which also confirmed the award, and then to this court, which affirmed. See
St. Anthony's Memorial Hospital v. Illinois Workers' Compensation Comm'n
,
¶ 5 The claimant's motion averred that the employer, when it paid the workers' compensation award, incorrectly calculated interest on the award by applying "only the .11 interest rate" provided by section 19(n) of the Act ( 820 ILCS 305/19(n) (West 2014) ). The claimant asserted that once the circuit court ruled and confirmed the award, interest was due on the award at the rate of 9%, pursuant to section 2-1303 of the Code. 735 ILCS 5/2-1303 (West 2014).
¶ 6 On April 16, 2016, the employer filed a motion to dismiss, stating that it had paid the award in full on January 6, 2016, including interest in the amount of 0.11% pursuant to section 19(n) of the Act. 820 ILCS 305/19(n) (West 2014). The employer requested that the circuit court dismiss the claimant's motion, arguing that section 2-1303 of the Code ( 735 ILCS 5/2-1303 (West 2014) ) does not apply because the award had not been reduced to judgment at the time the award was paid. After briefing and oral argument, the circuit court entered an order on June 23, 2016, granting the employer's motion to dismiss. On July 11, 2016, the claimant filed a notice of appeal.
¶ 7 2. Dobbs Tire & Auto Appeal
¶ 8 On September 2, 2014, the claimant filed, in the circuit court of St. Clair County, a pleading titled "Motion For Enforcement Of Judgment And Interest On Workers' Compensation Commission Decision And Pursuant to 820 ILCS 305/19(g)" (motion). According to the motion, the arbitrator issued a decision on January 19, 2010, in favor of the claimant and against the employer, awarding the claimant medical expenses in the amount of $239,549.16 and permanent total disability in the amount of $847.10 per week. The employer appealed the award to the Commission, which modified
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the medical expense award to $237,025.53 but otherwise confirmed the award. The employer appealed to the circuit court of St. Clair County, which confirmed the award, and then to this court, which affirmed. See
Dobbs Tire & Auto v. Illinois Workers' Compensation Comm'n
,
¶ 9 The claimant's motion averred that the employer, when it paid the workers' compensation award, incorrectly calculated interest on the award by applying "only the .13 interest rate" provided by section 19(n) of the Act 1 ( 820 ILCS 305/19(n) (West 2014) ). The claimant asserted that once the Commission ruled, interest was due on the award at the rate of 9%, pursuant to section 2-1303 of the Code. 735 ILCS 5/2-1303 (West 2014).
¶ 10 On October 3, 2014, the employer filed a response to the claimant's motion, in which it averred that it had paid the entire award on November 1, 2013, by issuing a check in the total amount of $211,011.87, which included interest in the amount of approximately $1000, which was calculated at the rate of 0.13% pursuant to section 19(n) of the Act. 820 ILCS 305/19(n) (West 2014). The employer argued that because it had paid the entire award prior to the claimant's motion, the claimant's motion should be denied.
¶ 11 On June 16, 2016, after briefing and oral argument, the circuit court entered an order granting the claimant's motion. The circuit court ordered the employer to pay 9% interest on the award from the date that the circuit court affirmed the award on November 20, 2012, an amount it calculated to be $72,178.83. On June 27, 2016, the employer filed a motion to reconsider, which the circuit court denied on July 28, 2016. On August 5, 2016, the employer filed a notice of appeal.
¶ 12 ANALYSIS
¶ 13 The sole issue raised in these appeals is whether the 9% judgment interest rate set forth in section 2-1303 of the Code ( 735 ILCS 5/2-1303 (West 2014) ) applies to a Commission award prior to the award being reduced to judgment by a circuit court pursuant to section 19(g) of the Act. 820 ILCS 305/19(g) (West 2014). We begin our analysis of this issue by identifying the applicable standard of review. The issue on appeal requires this court to interpret the interplay between several statutory sections. "Issues involving the interpretation of a statute present questions of law that we review
de novo
."
Continental Tire of the Americas, LLC v. Illinois Workers' Compensation Comm'n
,
¶ 14 In the cases at bar, the circuit court of Fayette County refused to enter a judgment in favor of Stolte on the claimant's workers' compensation award under section 19(g) of the Act ( 820 ILCS 305/19(g) (West 2014) ) and 9% interest under section 2-1303 of the Code ( 735 ILCS 5/2-1303 (West 2014) ) because the employer paid the claimant the full amount of the award, plus interest pursuant to section 19(n) of the Act ( 820 ILCS 305/19(n) (West 2014) ) prior to the time the claimant filed her motion. In contrast, the circuit court of St. Clair County determined that such a judgment against Dobbs Tire & Auto would be appropriate, although the exact same circumstances existed. As explained below, the Second and Fourth Districts of our appellate court have found that such a judgment and interest award is contrary to law in
Radosevich v. Industrial Comm'n
,
¶ 15 In
Radosevich
, the court explained that a claimant is entitled to interest under section 19(n) of the Act on all awards of arbitrators and decisions of the Commission, which provides that such interest is " 'drawn from the date of the arbitrator's award on all accrued compensation due the employee through the day prior to the date of payments.' "
¶ 16 Similarly, in Sunrise Assisted Living , the court, relying on Radosevich , affirmed a circuit court's refusal to deny a claimant a judgment under section 19(g) of the Act ( 820 ILCS 305/19(g) (West 2012) ) and an award of an interest under section 2-1303 of the Code ( 735 ILCS 5/2-1303 (West 2012) ) in circumstances identical to the case at bar, explaining:
"In this case, Sunrise appealed the Commission's decision, and section 19(n) interest accrued while that appeal was pending. When the appellate court rendered its decision, Sunrise promptly paid the lump sum, accrued installments, and section 19(n) interest, before [the claimant] filed her section 19(g) application. Sunrise did not refuse to pay before [the claimant] implemented section 19(g). When Sunrise tendered full payment of what was owed, [the claimant] was no longer entitled to a judgment under section 19(g). Without a judgment, [the claimant] was not entitled to additional interest under section 2-1303 of the Code." Sunrise Assisted Living ,2015 IL App (2d) 140037 , ¶ 35,393 Ill.Dec. 797 ,35 N.E.3d 189 .
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¶ 17 We find the reasoning in
Radosevich
and
Sunrise Assisted Living
to be sound and to clearly dispose of the issue raised in these appeals. We reject the arguments of the claimants that section 3-111(a)(8) of the Administrative Review Law ( 735 ILCS 5/3-111(a)(8) (West 2014) ) gives the circuit court's affirmance of the arbitrator's award on appeal the status of a judgment that could be enforced as other judgments, including the accrual of interest pursuant to section 21303 of the Code ( 735 ILCS 5/2-1303 (West 2014) ). Section 3-102 of the Administrative Review Law ( 735 ILCS 5/3-102 (West 2014) ) clearly provides that the law only applies to an administrative agency "where the Act creating or conferring power on such agency, by express reference, adopts the provisions" of the Administrative Review Law. " 'The Act clearly does not adopt the Administrative Review Law.' "
Farris v. Illinois Workers' Compensation Comm'n
,
¶ 18 CONCLUSION
¶ 19 For the foregoing reasons, we affirm the order of the circuit court of Fayette County and reverse the judgment of the circuit court of St. Clair County.
¶ 20 No. 5-16-0297WC, Affirmed.
¶ 21 No. 5-16-0342WC, Reversed.
Presiding Justice Holdridge and Justices Hoffman, Hudson, and Harris concurred in the judgment and opinion.
Section 19(n) of the Act provides, in relevant part, that "decisions of the * * * Commission reviewing an award of an arbitrator of the Commission shall draw interest at a rate equal to the yield on indebtedness issued by the United States Government with a 26-week maturity next previously auctioned on the day on which the decision is filed. Said rate of interest shall be set forth in the Arbitrator's Decision." 820 ILCS 305/19(n) (West 2014). Accordingly, the amount of interest varies among awards.
Reference
- Full Case Name
- DOBBS TIRE & AUTO, Appellant, v. the ILLINOIS WORKERS' COMPENSATION COMMISSION Et Al. (Ted Adams, Appellee). Peggy Stolte, Appellant, v. the Illinois Workers' Compensation Commission Et Al. (St. Anthony's Memorial Hospital, Appellee).
- Cited By
- 4 cases
- Status
- Unpublished