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Claimant proves
management had notice of concurrent job at local bar
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.
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