Illinois Workers Compensation Lawyer Blog

The Illinois Appellate Court, 4th District held that the trial court did not err when it ordered the the respondent's child-support arrearage plus interest be paid from his workers' compensation settlement. Although WCA Section 21 bars a lien against worker's compensation beneifts, the income Withholding for Support Act provides an exception to the WCA's income exemtion.

Case name: Illinois, Sate of Dept. of Healthcare and Family Services b. Bartholomew, 17 ILWCLB211 (Ill.App.Ct., 4th 2009).

Bartholomew received a workers' compensation settlement of $175,000. The trial courted ordered that the mother of Bartholomew's child recieve $20,473.51 from the settlement as current child support and that $9,216.77 be applied toward child support arrearages and interest due to the Illinois Department of Health and Family Services under an administrative support order

Bartholomew did not object othe use of his workers' compensation settlement to pay current child support. He argued, however, that workers' compensation benefits are exempt from judicial process for child support arrearages pursuant to WCA Section 21. Specifically, Bartholomew, contended that a request for payment of an arrearage pursuant to a child support lien for payment of a past due suuport obligation is a debt that is barred from collection from his compensation settlement. The Illinos Appellate Court disagreed and affirmed the trial court, reasoning that the court's order was proper based on the statutory exception to income exemptions for the collection of child support.

Section 15(d) of the Income withholding for Support Act specifically includes workers' compensation payments in the definition of income. The section also states that any other state or local law purporting to exempt statutorily defined income does not apply to proceedings involving the collection of child support. The court concluded that although Section 21 of the WCA exempts workers' compensation awards from liability for debts, Section 15(d) of the Withholding Act creates an exception to that exemption for the collection of child support, including arrearages.

Furthermore, the court explained that applyng Bartholomew's workers' compensation settlement funds to his past due child support also serves the intent of the WCA to surnish a measure of financial protection to the worker and his dependents for injuries received by him which arose out of and in the course of his employment. Sections 7 and 8 of the WCA recognize a workers' dependents are intended beneficiaries.

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If an employer issues a check to a claimant pursuant to a medical expense award and includes the medical provider as a payee on such check, the employer may be sugjecto to penalties and attorney's fees. The emploeyr has not right to interfere with the claimant's determination of how he distributes the proceeds of his award.

Case name: Carreno v. Cambridge Homes, 17ILWCLB 210 (Ill.W.C..Comm. 2009).

In a previous decision, the Illinois Workers' Compensation Commisison awarded Carreno 165 weeks of temporary total disability, $113,780 in medical expenses, and permanent partial disability for 250 weeks at $186 per week. After appeals to the Circuit court, appellate court and Supreme Court, the employer issued 18 checks. Two checks were made payable to Carreno and his attorney, representing TTD, PPD and interest, and 16 checks were made payable to Carreno, his attorney and corresponding medical providers.

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Payments by a group health carrier that qualify under the Illinois Workers' Compensation Act Section 8(j) constitute payments of compensation within the meaning of Section 6(d).

Case name: Ruberstell v. US Foodservice, 17ILWCLB 209 (Ill.W.C.Comm.2009)

The Illinois Workers' Comensation Commissioin remanded the case to the arbitrator to determine whehter payments of medical expenses by Ruberstell's group health carrier qualified as being made pursuant to the Illinois Workers' Compensation Act Section 8(j). As the manifestation date of the injury was determined by the Illinois Workers' Compensation to be Jan.16, 1998, Ruberstell would have had to file his application by Jan. 16. 2001, unless he filed the claim within two years from the date of the last payment of compensation related to his injury.

Continue reading "Group health carrier's payment of medical expenses tolls Illinois workers' comp statute" »

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The Illinois Workers' Compensation Commission denied a claimant's request for surgery involving an artificial disk replacment.

Case name: Warner v. Kewanee Hospital, 17 ILWCLB 175 (Ill.W.C.Comm.2009).

Warner, a nurse at the defendant's hospital injured her back while helping to lift an unresponsive patient from a vehicle. She underwent a course of injections for discogenic pain. However, because she reported only minimal relief from the injections, her doctor recommended an artificial disk replacement, which if denied by insurance, could be substituted with a fusion. The arbitrator denied Warner's request for surgery. Based on Warner's lack of credibility, in addition to an opioid dependence, insignificant MRI findings, and lack of other objective findings to support her complaints, the arbitrator concluded that Warner was not a surgical candidate and denied any additional treatment. Upon review, the Illinois Workers' Compensation affirmed and adopted the decision of the arbitrator.

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A majority of the Illinois Workers' Compensation Commission held that a law enforcement officer failed to prove that his vehicular accident, which occurred while he was on duty and in a patrol car, arose out of and in the course of his employment. He was engaged in a personal deviation at the time of the accident, and the accident arose out of his own misconduct.

Case name: Johnson v. Will County Sheriff, 17 ILWCLB 131 (Ill.W.C.Comm.2009).

Johnson, a deputy sheriff, was injured in a motor vehicle accident while on duty and responding to a dispatcher's call to assist another deputy, who had arrested an intoxicated driver. Before the accident, Johnson left his assigned patrol area, without permission to pick up his personal mail from a post office. Upon receiving the the dispatch call, he informed the other deputy that he would arrive in three to five minutes. However, Johnson was actually 10 to 15 minutes from the deputy's location. The accident occurred outside the county and prior to reentering his patrol area. While on duty, deputy sheriff's are prohibited from leaving their assigned patrol area without first securing permission from a supervisor. The arbitrator awarded benefits. However, the Illinois Workers' Commission reversed, reasoning that Johnson was engaged in a personal deviation at the time of the accident. Also, the accident arose out of Johnson's own misconduct. Therefore, Johnson failed to prove he sustained an accident arising out of and in the course of his employment.

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Based on the element of surprise due to the defendant's last-minute refusal to tender the Section 12 examination reports to the claimant, the arbitrator erred in denying the claimant's request for a continuance. Also, the Illinois Workers' Compensation Commission increased the arbitrator's permanent disability award from 10 percent to 50 percent loss of use of the right leg under Section 8(e)12 of the Ilinois Workers' Compensation Act.

Case name: Giunta v. Chicago, City of, 17 ILWCLB 140 (Ill.W.comm. 2009).

The arbitrator awarded Giunta permanent disabilty benefits under Section 8(e)12 for 10 percent loss of use of the right leg. On appeal, the Illinois Workers' Compensation Commission found that the arbitrator erred in denying Giunta's request for a continuance

Continue reading "Element of surprise entitles Illinois Workers a continuance" »

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Based on the element of surprise due to the defendant's last-minute refusal to tender the Section 12 examination reports to the claimant, the arbitrator erred in denying the claimant's request for a continuance. Also, the Illinois Workers' Compensation Commission increased the arbitrator's permanent disability award from 10 percent to 50 percent loss of use of the right leg under Section 8(e)12 of the Ilinois Workers' Compensation Act.

Case name: Giunta v. Chicago, City of, 17 ILWCLB 140 (Ill.W.comm. 2009).

The arbitrator awarded Giunta permanent disabilty benefits under Section 8(e)12 for 10 percent loss of use of the right leg. On appeal, the Illinois Workers' Compensation Commission found that the arbitrator erred in denying Giunta's request for a continuance

Continue reading "Element of surprise entitles Illinois Workers a continuance" »

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The 7th U.S. Circuit Court of Ap-peals held that the dismissal of an employee's suit against this former employer for injuries he sustained to his back was an appropriate sanction for the employee's misconduct throughout the case.

Case name: Negrete v. National Railraod Passenger Corp. (Amtrak), 16 ILWCLB 211 (7th Cir. 2008).

Negrete, a former track-repair worker for Amtrak claimed that a work related back injury left him permanently disabled and unable to work. The U.S. District Court, Northern District of Illinois dismissed his lawsuit against Amtrak on the grounds that he had "intentionally flouted discovery deadlines, hidden and tampered with evidence and lied in his deposition." The 7th Circuit found that dismissal of the suit was an appropriate sanction under the circusmtances. Negrete's misconduct, which the 7th Circuit described as "appalling" included withholding names of physicians who had treated him for his injury, tampering with medical evidence, grossly understating rental income he received, misrepresenting his physical abilities, and missing 21 discovery deadlines. In response to Negrete's allegation that he was uneducated the 7th Circuit stated, "It does not take a graduate degree to understand that it is unacceptable to hide evidence and lie in a deposition."

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The Illinois Workers' Compensaiton Commission held that the decedent's child was enrolled in an accredited education institution at the time of the decedent's death. Therefore, he was entitled to death benefits until the registration deadline for the first semester in which he was no longer attending school.

Case name: Vasquez v. Hospira Inc., 16 ILWCLB 210 (Ill.W.C.Comm.2008).

Vasquez died as a result of an accident arising out of and in the course of his employmnet. He had three children. All were at least 18 years of age at the time of his death. The arbitrator found that the decedent's widow failed to prove that the oldest child was enrolled as a full time student in an accredited educational institution at the time of his father's death. The arbitrator concluded that pursuant to Section 7(a) of the Illinois Workers' Compensation Act., the decedent's widow was entitled to receive death benefits from July 2, 2004, through Sept. 5, 2004, the day before her remarriage, or a total of 9-3/7 weeks. Thereafter, as the decedent had no minor children nor any children under the age of 25 enrolled as a full time student at an accredited educational institution, she was entitled to receive a lump sum payment equal to two years of compensation benefits, or $52,404.56

Continue reading "Illinois Workers' Compensation Commission modifies decision regarding child's entitlement to death benefits" »

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The Illinois Workers' Compensation Commission reversed the arbitrator's decision and found that an employer/employee relationship existed between the claimant and defendant and that the claimant was entitled to temproary total disabillity benefits and reimbursement for medical expenses.

Case name: Diaz v. Supreme Catering Co., 17 ILWCLB 118 (Ill.W.C.Comm.2009).

On May 16, 2005, Diaz was injured while driving a catering truck for the defendant. The defendant's business included leasing, supplying and maintaining catering trucks, as well as vending machine sales and service. More than 80 people drove catering trucks for the defendant, and the defendant employed three supervisors to oversee the drivers. The defendant contended that it was not liable for benefits because Diaz worked as an independent contractor, not an employee. Relying on case law and Diaz's credible testimony, a Commission majority held that an employment relationship existed between the parties and the defendant was liable for benefits. Although the defendant paid Diaz no wages, the Commission found this fact, alone, was insufficient to negate the impact of the significant control the defendant exercised over Diaz.

Continue reading "Control over Illinois catering truck driver provides convincing evidence of employment relationship" »

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The Illinois Workers' Compensation Commission modified the arbitrator's average weekly wage calculation and otherwise affirmed and adopted the decision of the arbitrator. The arbitrator failed to include the claimant's sick/vacation/holiday pay and erroneously included overtime earnings beyond the two hours per day as required under the bargaining agreement.

Case name: Aldridge v. Yellow Freight Systems, 17 ILWCLB 124 (Ill.W.C.Comm. 2009).

Aldridge, a truck driver the for the defendant, injured his rightknee when he slipped and fell on ice that had accumulated on the steps of his truck door. In reviewing the arbitrator's average weekly wage computation, the Commisison found that the arbitator failed to include Aldridge's 210 ourse of sick/vacation/holiday pay and erroneously included overtime earnings beyonw the two hours per day as required under the bargaining agreement between the defendant and the local union. Although the wage statement indicated a total of 594 overtime hours, the Commission found only 387 hourse should be included in the calculation of Aldridge's average weekly wage.

Continue reading "Bargaining agreement provides limits on amount of overtime included in an average weekly wage" »

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The Illinois Workers' Compensation Commission held that the claimant was entitled to benefits for injuries sutained while attending the employer's holiday bowling party.

Case name: Bougart v. Capmark Financial Inc., 17 ILWCLLLLB 120 (Ill.W.C.Comm.2009)

Bougart, an assistant vice president for the defendant, was injured during a Christmas bowling party. In awarding benefits, the arbitrator found Bougart credibly testified that she received subtle pressure to attend the event. The arbitrator also relied on the testimony of two coworkers in finding that attendance at the party was encouraged and, at the very minimum, there was subtle pressure to attend. Furthermore, the arbitrator determined that the defendant derived a benefit from having the party. Based on this evidence, the arbitrator found Bougart's injury arose out of and in the course of her employment.

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