Godare v. Sterling Steel Casting Co‪.‬

Plaintiff, George Godare, brought this action in the Circuit Court of St. Clair County to recover pension benefits allegedly due from his former employer, Sterling Steel Casting Co. Defendant filed a counterclaim alleging that the complaint was subject to a mandatory arbitration procedure pursuant to a provision in the pension agreement. The trial court dismissed the counterclaim and on appeal we affirmed, holding that the Uniform Arbitration Act (Ill. Rev. Stat. 1979, ch. 10, par. 101 et seq.) was not applicable to the proceedings. (Godare v. Sterling Steel Casting Co. (1981), 96 Ill. App.3d 601, 421 N.E.2d 925.) On remand, the circuit court of St. Clair County entered judgment for the plaintiff and awarded him compensatory damages, prejudgment interest and punitive damages, finding that the decision of the Illinois Industrial Commission awarding plaintiff compensation for total and permanent disability, which award was confirmed by the circuit court and affirmed by the supreme court was res judicata as to the instant controversy. From that judgment, defendant takes this appeal. On appeal, Sterling Steel denies that the award of workmen's compensation is res judicata with respect to plaintiff's entitlement to a pension. Defendant also denies that plaintiff has fulfilled the necessary conditions precedent for eligibility under the collectively bargained pension plan and denies that the trial court properly awarded prejudgment interest and punitive damages.