Xiao Ling Peng v Mark Nardi, et.al

XIAO LING PENG v. MARK NARDI, et.al. (LEI GUAN, Defendant/Apellee) 2017 Il App (1st) 1760155

 

 

Peng filed a negligence suit against Guan, her co-worker, and two other drivers for injuries sustained in a three-car accident.  Guan was driving a company-owned van transporting Peng and others to work when he struck another vehicle which struck another.  The employer’s workers’ compensation carrier had paid some medical bills and settled claims from her co-employees.  The circuit court dismissed Peng’s action against Guan.  She appealed, arguing that she was not in the course of her employment at the time of the accident, that she did not affirmatively accept the medical bills her employer paid, and that she filed a workers’ compensation claim only to protect her rights.  The Appellate Court ruled that Peng’s exclusive remedy was under the Workers’ Compensation Act which granted immunity to her co-employee.  Generally, accidents going to and coming from work are not compensable; however, an exception exists where the employer provides the means of transportation, thereby extending the risk of employment and the course of employment.  Here, the use of an employer-controlled conveyance for employee travel is dispositive for purposes of compensation.  A claimant cannot elect her remedy where the undisputed facts establish that the exclusive form of compensation was under the Act.

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