New Legislation Regarding Criminal Activity
by Christopher D. Galanos
On May 11, 2011 both houses of the Illinois State Legislature passed Senate Bill 1147 which amends the Illinois Worker's Compensation Act. Senate Bill 1147 will become effective immediately upon Governor Quinn's signature.
The bill amends Section 11 of the Act which defines "Accidental Injury." The amendment, which is fully expected to be signed into law by Governor Quinn, provides that accidental injuries incurred while an employee is engaged in the active commission of, and as a proximate result of the active commission of, a) a forcible felony, b) aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, or c) reckless homicide, and for which the employee was convicted, do not arise out of and in the course of employment if the commission of the offense results in the death or severe injury of another person.
In short, if a person commits one of the above referenced offenses while in the course of their employment, and injures or kills another person, they are not entitled to recover under the Act for injuries that they themselves sustained. Additionally, even if the employee is subsequently acquitted of those offenses, the acquittal does not give rise to a presumption that the employee is eligible for benefits under the Act. Finally, the bill provides that an employee, so charged, will not be entitled to additional compensation, or attorney's fees under the penalty provisions of the Act pertaining to delays in payment, when benefits are terminated or suspended pending resolution of the charged offense.
This change in the Act arose out of a November 2007 motor vehicle accident involving former Illinois State Trooper Matt Mitchell. Mitchell lost control of his squad car while using his cell phone, and speeding without cause, resulting in an accident that killed Collinsville sisters, Kelli and Jessica Uhl. Mitchell pled guilty to counts of reckless homicide and aggravated reckless driving. He subsequently filed a workers compensation claim for injuries that he sustained in the crash. Although the claim was ultimately denied, the current legislation, if signed into law, would provide respondent's with a clearly defined, statutory, defense to any similar claims brought in the future.