Editor’s comment: In our view the Appellate Court flew straight and true on this dispute. In Atanus v. American Airlines (No. 1-09-2380 June 18, 2010), the Appellate Court, First District affirmed the lower court’s dismissal. Plaintiff was injured while working for Defendant and another company. Plaintiff sued the airline and its employee for tortious interference with prospective business expectancy.
He alleged the airline and its manager made false statements that he committed workers’ compensation fraud to his other employer, an electric company for whom he worked as an engineer. Defendant Airline’s security investigator, upon learning Plaintiff’s work hours at O’Hare overlapped, obtained a copy of the O’Hare gate entry records and provided a copy to electric company. Upon reviewing the records, the electric company boldly terminated him.
The Circuit and later Appellate Court ruled there was no unjustified interference by the airline in providing this copy, which was a proper and accurate business record. The Court majority reasoned it was reasonable one employer would request such a record from the other.
As Plaintiff necessarily alleged transmittal of false information by Defendant airline, he must establish this allegation of false transmittal to survive the summary judgment. As he couldn’t, the claim was dismissed. We applaud the hard work of the folks at American Airlines in not backing down.
We do feel the Illinois judiciary may be getting on the WC-fraud-by-injured-worker bandwagon a little bit. We have also heard of several recent criminal prosecutions across the state. If you need a workers’ compensation fraud poster for your workplace, please send a reply. We appreciate your thoughts and comments.
Post Provided by Gene Keefe of Keefe, Campbell & Associates, LLC. The firm was started by
Eugene F. Keefe, Michael J. Danielewicz, John P.
Campbell, Joseph R. Needham and Shawn R. Biery with
the goal of providing high-quality and cost-effective
civil litigation services for the defense of
self-insured employers and insurance carriers.
