Illinos Officer fails to secure benefits for knee injury on escalator
The Illinois Workers' Compensation Commission denied benefits to a police offcer who injured his knee while stepping off an escalator after testifying at court, as there was no increased risk of injury.
Case name: Goniwicha v. Naperville Park District, 16 ILWCLB 200 (Ill.W.C.Comm.2008).
Goniwichia, a police officer, appeared at the county courthouse to testify at a trial on behalf of the defendent. After he testified and was excused from the court room, Goniwicha took an escalator to a lower floor. When he reached the landing, he stepped, turned, and experienced pain in his right knee. He testified that his right foot "caught" on something. He under went medical treatment, including arthroscopic surgery. He further testified that prior to this incident, he had previous surgery to this right knee.
Evidence indicated that the escalator was in an area open to the general public. Goniwicha explained that there was no defect with the escalator or landing. Further, there was no evidence that the defendant required him to hurry down the escalator.
In denying benefits, the arbitrator noted that the initial histories of injury to the various medical providers were recorded as stepping and turning to the right without reference to the foot becoming "caught." Also, the arbitrator relied on Caterpillar Tractor Co v. Industrial Commission, in which the Illinois Supreme Court held that absent a defect in a public space, the mere fact that duties take the employee to the place of injury is not, alone, sufficient to give rise to compensation. In this case, there was no evidence of a defect with the escalator or the landing. Accordingly, the arbitrator found that Goniwicha failed to prove that he sustained accidental injuries arising out of and in the course of his employment.
Upon review the Commission explained that the Goniwicha was in the course of his employment at the time of his alleged injury, but that the injury did not arise out of his employment, as there was no increased risk.
