| DeSalvo v. IC, No. 1-98-2477WC 1st District, August 31, 1999 |
Industrial Commission Division
| SAL DeSALVO, Appellee, v. THE INDUSTRIAL COMMISSION et al. (Shippers Dispatch, Appellee, (Ganan & Shapiro, P.C., Petitioner-Appellant)). | Appeal from the Circuit Court of Cook County. Honorable Joanne L. Lanigan, Judge Presiding. |
JUSTICE RAKOWSKI delivered the opinion of the court:
Petitioner, Ganan & Shapiro, P.C., represented claimant, Sal DeSalvo, in a workers' compensation action. After all matters in that proceeding were complete, Ganan & Shapiro filed a petition before the Industrial Commission (the Commission) seeking attorney fees of 40% of claimant's award pursuant to section 16a(B) of the Workers' Compensation Act (the Act) (820 ILCS 305/16a(B) (West 1996)). After briefing and hearing, the Commission awarded Ganan & Shapiro 20% attorney fees. The circuit court confirmed, finding that Ganan & Shapiro failed to demonstrate any extraordinary services. On appeal, Ganan & Shapiro contends that the Commission's decision reflects it was unaware it had discretion to award fees in excess of 20%. Ganan & Shapiro asks us to remand to the Commission for consideration of its fee petition. Claimant, on the other hand, contends that the issue is whether the Commission's decision awarding 20% attorney fees is against the manifest weight of the evidence. We conclude that the Commission had authority to award attorney fees in excess of 20%, that the Commission was aware of this authority, and that the Commission did not abuse its discretion in refusing to award attorney fees in excess of 20%. Accordingly, we affirm.
BACKGROUND
DeSalvo was injured on May 12, 1976, while working for employer Shippers Dispatch, and he retained Ganan & Shapiro as his attorney. In 1981, the arbitrator awarded claimant temporary total disability benefits (TTD), medical benefits, and permanent disability to the extent of 65% of the person as a whole. Employer filed a petition for review before the Commission, which was dismissed in 1982. In 1983, Ganan & Shapiro filed a section 19(h) and section 8(a) petition on behalf of claimant. The Commission rendered an award in 1990. It confirmed the arbitrator's award of TTD benefits and medical benefits but increased claimant's disability award to total permanent disability. This award was confirmed by the circuit court in 1993 and affirmed by this court in 1994 (DeSalvo v. Industrial Comm'n, No. 1-93-3163 (1994) (unpublished order under Supreme Court Rule 23)). After we affirmed, Ganan & Shapiro filed a petition for attorney fees of 40% of the award. After briefing and a hearing, the Commission awarded Ganan & Shapiro fees in the amount of 20% of the award.
The fee award was confirmed by the circuit court. The circuit court stated that, although an attorney may be awarded more than 20% in fees where the services provided are extraordinary, citing Spinak, Levinson & Associates v. Industrial Comm'n, 209 Ill. App. 3d 120 (1990), and Rule 7080.10(a)(1) (50 Ill. Adm. Code