Illinois Institute of Technology Research Institute v. Industrial Commission5/15/2000
, 77A.10, 77A.41, 77A.42, 77A.43 (1999).
As noted above, defendant had all the information available to research, investigate, and defend the claim filed by claimant. Allowing claimant to amend her application did not alter the facts that formed the basis of her claim. Employer had notice of the claim and, in fact, had been defending it for several years. See Hardimon, 272 Ill. App. 3d at 122. Accordingly, the arbitrator properly allowed claimant to amend her application for adjustment of claim. Further, because the claim in the amended application grew out of the same transaction and occurrence as that presented in the original application, the amended application related back to the original. Thus, the statute of limitations period was not violated and the Commission had jurisdiction over the matter.
II. WAIVER OF STATUTE OF LIMITATIONS
Based on our resolution above, we need not address employer's argument that it did not waive the statute of limitations defense since it raised the issue before the Commission and circuit court by including it in a footnote in its response briefs.
III. LEGAL STANDARD FOR ASSESSING RISK
Both claimant and employer contest the proper legal standard for assessing the risk decedent was exposed to. Claimant contends the proper standard is the general public not the same area or vicinity -- in other words, claimant must be exposed to a risk to a greater degree than the general public. Employer contends the risk of exposure is compared to other individuals in the area. It relies on Brady v. Louis Ruffolo & Sons Construction Co., 143 Ill. 2d 542 (1991). According to employer, the "general population of the City" makes no sense because it would lead to a per se rule of compensation for all employees in high crime areas.
Professor Larson states that the object of the comparison is "to isolate and identify the distinctive characteristics of [claimant's] employment." 1 A. Larson & L. Larson, Larson's Workers' Compensation Law §5.04(2), at 5-18 (1999), cited in Caterpillar Tractor Co. v. Industrial Comm'n, 129 Ill. 2d 52, 62 (1989). Accordingly, "the comparison should be made with a broad cross section of the public." 1 A. Larson & L. Larson, Larson's Workers' Compensation Law §5.04(2)], at 5-18 (1999), cited in Caterpillar Tractor Co., 129 Ill. 2d at 62. Illinois cases cite to the general public, not to a locality, neighborhood, or area. See Brady, 143 Ill. 2d 542; Caterpillar Tractor Co., 129 Ill. 2d at 58-59; Campbell "66" Express, Inc. v. Industrial Comm'n, 83 Ill. 2d 353, 355-57 (1980); Eisenberg v. Industrial Comm'n, 65 Ill. 2d 232, 234 (1976); American Freight Forwarding Corp. v. Industrial Common, 31 Ill. 2d 293, 295 (1964); Scott v. Industrial Comm'n, 374 Ill. 225, 230 (1940); Springfield School District No. 186 v. Industrial Comm'n, 293 Ill. App. 3d 226, 229 (1997); Fligelman v. City of Chicago, 275 Ill. App. 3d 1089, 1092, 1094 (1995); Metropolitan Water Reclamation District v. Industrial Comm'n, 272 Ill. App. 3d 732, 736 (1995); Pryor v. Industrial Comm'n, 266 Ill. App. 3d 497, 499 (1994); Kemp v. Industrial Comm'n, 264 Ill. App. 3d 1108, 1109, 1111 (1994); Cassens Transport Co. v. Industrial Comm'n, 262 Ill. App. 3d 324, 331 (1994); Heath v. Industrial Comm'n, 256 Ill. App. 3d 1008, 1013, 1015 (1993); Hammel v. Industrial Comm'n, 253 Ill. App. 3d 900, 902-03 (1993); Rush-Presbyterian-St. Luke's Medical Center v. Industrial Comm'n, 258 Ill. App. 3d 768, 772(1994); Komatsu Dresser Co. v. Industrial Comm'n, 235 Ill. App. 3d 779, 787-88 (1992); Best Foods v. Industrial Comm'n, 231 Ill. App. 3d 1066, 1069 (1992); County of Cook v. Industrial Comm'n, 165 Ill. App. 3d 1005, 1009-10 (1988); Holthaus v. In
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