Siekierka v. United Steel Deck

SUPREME COURT CASES

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State: Illinois

Court: 3rd District Appellate

Docket No: 3-06-0365 Rel

Case Date: 05/04/2007

Preview:No. 3-06-0365 ______________________________________________________________________________ Filed May 4, 2007. IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2007 TERRY L. SIEKIERKA, ) Appeal from the Circuit Court ) for the 13th Judicial Circuit, Plaintiff-Appellant, ) LaSalle County, Illinois ) v. ) No. 02-L-182 ) UNITED STEEL DECK, INC., ) Honorable Eugene P. Daugherity ) Judge, Presiding Defendant-Appellee. ) ______________________________________________________________________________ JUSTICE O'BRIEN delivered the opinion of the court: ______________________________________________________________________________ Plaintiff Terry L. Siekierka filed a complaint against defendant United Steel Deck, Inc., alleging United Steel had wrongfully discharged Siekierka in retaliation for his assertion of his rights under the Illinois Workers' Compensation Act. 820 ILCS 305/1 et seq. (West 2002). United Steel filed a motion for summary judgment. Following discovery and a hearing on the motion, the trial court granted United Steel summary judgment and Siekierka follows with this appeal. We reverse the trial court. FACTS Plaintiff Terry L. Siekierka filed a complaint against defendant United Steel Deck, Inc., alleging United Steel wrongfully discharged Siekierka in retaliation for his assertion of his rights under the Workers' Compensation Act (the Act) (820 ILCS 305/1 et seq. (West 2002)). In his complaint, Siekierka made the following allegations. Siekierka alleged that on May 11, 2001, he

was injured while performing his duties as an employee of United Steel. Siekierka pursued his rights to compensation under the Act, including compensation for medical treatment and temporary total disability benefits (TTD). On August 31, 2001, while Siekierka was in the process of recuperating from the effect of his work-related injury, United Steel terminated Siekierka's employment. Siekierka alleged in his complaint that the termination was unreasonable, without just cause, and motivated in part because he had pursued his rights and remedies under the Act. Siekierka sought relief for compensatory and punitive damages. In response to Siekierka's complaint, United Steel answered as a defense that its action in terminating Siekierka was unrelated to his pursuit of workers' compensation rights and that Siekierka's failure to return to work within his authorized leave period was a legitimate reason for his discharge. United Steel moved for a summary judgment which the trial court granted. The record sub judice consists of the following depositions, exhibits, affidavits and proceedings. The record contains a letter to Siekierka from Kristine Paul, a human resources manager with the United Steel plant in Peru, Illinois. In the letter, dated July 31, 2001, Paul informed Siekierka that he had been off work since May 14, 2001; that his 12 weeks of family leave would end on August 6, 2001, and that United Steel was willing to extend his leave for "one month," to the end of August. Paul further informed Siekierka that if he was unable to return to work by the end of August he would be terminated and offered "COBRA" coverage. Paul later informed Siekierka, by way of a letter dated August 31, 2001, that he was terminated and that his workers' compensation benefits would continue until he recovered. She also invited him to apply for reemployment with United Steel once he was released to work again. Medical doctor Steven C. Delheimer testified by way of deposition. Delheimer attested he 2

specializes in neurosurgery. Delheimer first examined Siekierka on May 21, 2001. As of May 24, 2001, Delheimer had documented Siekierka as "totally incapacitated." Delheimer recalled when he saw Siekierka on June 4, 2001, he scheduled him to undergo surgery on June 11, 2002. Delheimer was informed by "the insurance company" that surgery was not authorized. He did not see Siekierka again until August 6, 2001. Delheimer stated when he saw Siekierka on August 6, 2001, his condition was no worse than on the June 4, 2001, visit. Delheimer acknowledged Siekierka's surgery took place on August 15, 2001, and it took three months, until November 15, 2001, for him to fully recover. Delheimer opined that had Siekierka undergone surgery as originally scheduled, he would have been back to work by August 31, 2001. Delheimer would have advised Siekierka to proceed with the surgery and would have sent Siekierka back to work a little earlier if he had known he was in danger of losing his employment. Delheimer opined there was nothing gained by Siekierka in delaying the surgery. The surgery was postponed solely because of the lack of authorization from the insurance company. The record contains a letter from medical doctor David Shenker to Liberty Mutual Insurance, United Steel's insurer. In his letter, Shenker acknowledged that on July 11, 2001, he performed a neurological evaluation of Siekierka as a second opinion. Shenker noted Siekierka had been employed as a machine operator at United Steel for over 1

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