Netzel v. Industrial Comm'n

                              NO. 1-96-1571WC

                              IN THE
                              APPELLATE COURT OF ILLINOIS
                              FIRST DISTRICT
                              INDUSTRIAL COMMISSION DIVISION


DEBRA NETZEL,                      )    Appeal from
     Appellee,                     )    Circuit Court
v.                                 )    Cook County
THE INDUSTRIAL COMMISSION, et al.  )    No. 84L52447
(Presbyterian Nursing Home,        )        95L50636
 Appellant.)                       )
                                   )    Honorable
                                   )    Lester A. Bonaguro,
                                   )    Judge Presiding.



JUSTICE RARICK delivered the opinion of the court:
          Claimant, Debra Netzel, sought benefits pursuant to the
Workers' Compensation Act (Act) (Ill. Rev. Stat. 1977, ch. 48,
par. 138.1 et seq.) for injuries sustained to her back on October
12, 1978, at respondent Presbyterian Nursing Home.  The
arbitrator determined that claimant failed to prove an
employer/employee relationship existed between claimant and
respondent and accordingly denied benefits.  The Industrial
Commission (Commission) affirmed the decision of the arbitrator. 
The circuit court of Cook County, however, set aside the decision
of the Commission holding that as a matter of law the Commission
erred in denying claimant compensation.  The court further found
in the alternative that the Commission's decision was against the
manifest weight of the evidence and remanded the cause to the
Commission for further proceedings.  Respondent appealed the
circuit court's decision, but we dismissed the appeal because, in
light of the order of remand, the circuit court's decision was
not final.
          On remand, the Commission found an employer/employee
relationship existed between claimant and respondent and further
found a causal connection between claimant's injuries and the
October 12, 1978, accident.  The Commission, in turn, remanded
the cause back to the arbitrator for a further hearing and
determination on the issues of temporary total disability,
medical expenses, permanent disability and average weekly wage. 
The arbitrator concluded claimant sustained an accident arising
out of and in the course of her employment and awarded 60 6/7
weeks of temporary total disability benefits, medical costs of
$19,924.60 and permanent disability to the extent of 25% loss of
use of a person.  The arbitrator also awarded attorney fees and
penalties under sections 19(k) and 19(l) of the Act.  On review,
the Commission vacated the award of penalties and attorney fees
but otherwise affirmed the arbitrator's decision.  The circuit
court confirmed the decision of the Commission.  Respondent
appeals both decisions of the circuit court.
          The issues presented on appeal are whether an
employee/employer relationship existed in this instance and
whether the award of compensation is against the manifest weight
of the evidence.  Also at issue is whether the determination of
claimant's status is a question of law or a matter of manifest
weight of the evidence.
          On October 12, 1978, claimant, age 21, was an
unlicensed private duty nurse caring exclusively for one patient
at Presbyterian Nursing Home.  Claimant had been caring for this
same patient since June of 1978 and had learned of her need for
assistance through the Altru Nurse Registry (Altru).  Claimant
initially registered with Altru i