Case name: Cipolla v. Chicago
Heights Steel, 13 ILWCLB 219 (Ill. Ind. Comm. 2005).
Ruling: The Commission held that a
claimant’s concurrent employment at a lounge should be included in his
average weekly wage calculation, as the defendant had notice of such
employment.
What it means: If an employee is
not required to formally report concurrent employment to his employer,
informal notice obtained through management’s personal observations of the
claimant performing his other job is sufficient to establish notice.
Summary: The claimant was
working for the defendant steel company when he injured his neck while
swinging a sledgehammer. At the time of the accident, the claimant had
concurrent employment as a doorman at a lounge. He held this job for
nine years. During this time, many of the claimant’s supervisors with the
defendant visited the lounge and observed the claimant working there.
The claimant testified that he even secured a job for the supervisor’s son
at his lounge. In awarding benefits, the arbitrator noted that the parties
stipulated to the claimant’s concurrent employment but disputed whether the
defendant was aware of such employment prior to the work accident. The
arbitrator noted that the claimant’s testimony, unrebutted and
uncontroverted, established that at least five members of management had
observed him working there. Furthermore, although the defendants human
resources manager testified that he was unaware of the claimant’s
employment, he also testified there was no company policy or rule dictating
that employees report concurrent employment to management. Based on
this evidence, the arbitrator found the defendant had notice of the
concurrent employment and therefore the wages earned at the lounge should be
included in the average weekly wage calculation. The Commission
affirmed and adopted the arbitrator’s decision.
