Case name: Turner
v Illinois, State of/Dept of Transportation, 12 ILWCLB 4 (Ill.Ind.Comm. 2004).
Ruling: The Commission awarded benefits to an
asbestos abatement inspector for a bleeding ulcer caused by work stress.
Evidence indicated that the supervisor denied the claimant overtime pay to
which he was entitled, restricted his schedule, replaced the claimant with less
qualified employees, and made several "off handed"
racial remarks and jokes.
What it means:
Work stress may be compensable where the employee is able to show that the job
stress is greater than usual job stress, the problems at work exist in reality,
and the stress is a major factor in the development of the employee's physical ailments.
Summary: The claimant, a licensed asbestos abatement
inspector, alleged that he sustained a bleeding ulcer due to work stress. Such
job stress included being denied overtime pay to which he was entitled by the
union contract and having to file a grievance. After winning his grievance, he
was forced by his supervisor to work a restricted schedule that prevented him
from performing his work properly. Also, the supervisor assigned four less
qualified and unlicensed employees to replace the claimant. In addition the supervisor told the claimant
he should take a blood test to be sure his academically accomplished son was
his own. The supervisor also made "of handed" racial remarks and jokes.
Based on these incidents, the arbitrator found that the job stress the claimant
suffered was greater than the usual job stress. The problems existed in reality
and were a major factor in the development of the claimant's ulcer. Accordingly, the
claimant met his burden of proving that an accident occurred which arose out of
and in the course of his employment while working for the defendant. In affirming, the Commission relied on
Baggett v. Industrial Commission.
