Illinois Workers Compensation Lawyer Blog

The Illinois Workers' Compensation Commission denied benefits to a worker who was injured during an employer-sponsored charity bowling event. The worker failed to prove by a preponderance of the evidence that she was injured in an accident that arose out of and in the course of her employment

Case name: Cramer v. Viacom Outdoor, 17 (ILWCLB 225 (Ill.W.C.Comm 2009).

Cramer, a sales assistant for the defendant, fractured her left arm at an employer-sponsored charity bowling event when she slipped and fell on a bowling lane. Cramer had workerd at the office until 1:30 p.m. and then departed for the event a a local bowling alley.

She was paid her regular wages for the time she attended the event. Evidence was presented by the defendant that if Cramer had not attended, she still would have been paid her regular wages, provided she performed her regular office duties.

Cramer testified that she felt pressured to attend the event. The human resources manager testified that employees were not ordered or assigned to attend the event. The arbitrator denied benefits pursuant to Secion 11 of the Illinois Workers' Compensation Act.

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The Illinois Workers' Compensation Commisison held that a worker's injuries sustained when she fell while wlaking down a hallway did not arise out of her employment. The worker failed to prove that her fall was caused by a substance on the floor, a defect, or any other possible explanation.

Case name: Goolsbey v. Rockford Memorial Hosptial, 17 ILWCLB 224 (Ill.W.C.Comm.2009)

Goolsby, a hospital employee, testified that she was walking down a hallway shen she suddenly fell. Two visitors were walking in front of her at the time and came back to assist her. Goolsby testified that it felt like her foot caught on something. She does not know which foot got sutck. She testified that she was not rushing at the time of the incident, she did not know what caused her to fall, and she did not notice anything that would have caused her to fall.

A couple of weeks after the incident she went back to look at the area to determine what could have caused the incident. She testified that there appeared to be dimpling of the tile in the area where she fell and believed this could have caused her accident. The hallway was open to the general public. A nurse testifed that she came to assist Goolsby immediately after the fall and did not see any subtance on the floor or defect in the surface of the floor.

Continue reading "Rockford hospital worker can't secure bnenefits for wipeout in hallway" »

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The Illinois Workers' Compensation Commission modified the arbitrator's decision awarding benefits by finding that the claimant sustained a nonwork-related intervening accident that broke the causation chain between the work accident and the claimant's present condition of ill-being. Accordingly, the Commission reduced the temporary total disability award from 82 weeks to 14 weeks and adjsuted the permanent disability from 20 percent of a person as a whole under Section 8(d)2 to 10 percent loss of use of the right leg under Section 8(e) of the Illinois Workers' Compensation Act.

Case name: Owens v. United Parcel Services Inc., 17 IlWCLB 215 (Ill.W.C.Comm.2009).

Owens was hired as a driver's helper for the defendant for the holiday season from November 2006 through December 31, 2006. On Dec. 14, 2006, Owens was delivering a package for work when he slipped on a step and fell forward, hitting the inside of his right knee on a wooden deck. He was diagnosed with a right knee contusion and sprain and was prescribed medication and a knee brace. On April 10, 2007, Owens sprained his right ankle when he stepped off a sidewalk and into a grass covered hole. The arbitrator awarded benefits. Upon review, the Illinois Workers' Compensation Commission modified the arbitrator's decision to find that the April 2007 incident was a significant enough event to constitute an intervening accident that broke the causation chain between the Dec 14, 2006, work accident and Owens present condition of ill-being. In so finding, the Commission relied on the mechanism of the accidents, the doctors' foundational knowledge of the events and Wise's overall credibility. As such, the Commission reduced the benefit award.

Continue reading "Illinois Workers' Compensation Commission rules: Intervening accident breaks causal connection" »

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The Illinois Workers' Compensation Commission vacated the arbitrator's award of wage differential benefits under section 8(d)1 of the Illinois Workers' Compensation Act and rejected the claimant's contention that he was entitled to permanent total disability benefits. The Commission found a permanency award was premature, and instead, the claimant should pursue vocational rehabilitation in the form of a suitable retraining program. Also, the claimant was entitled to maintenance while engaged in vocational rehabiltiation.

Case name: Wise v. Maine Township HSD No. 207, 17 ILWCLB 220 (Ill.W.C.Comm. 2009).

Based on the testimony of a vocational rehabilitation consultant, the arbitrator found that Wise was not entitled to an award of permanent total disability under Section 8(f). The consultant found there was a stable labor market for Wise with potential earnings between $8 and $10 per hour. The arbitrator found that Wise was in good physical condition after the work inijury, was capable of performing medium-level work, and was no longer under medical care. The arbitrator also found that Wise did not conduct a diligent job search and that both vocational counselors identified an amount that Wise could earn after the injury.

Continue reading "Illinois worker's permanency award deemed premature; vocation rehab more appropriate" »

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The 4th District Illinois Appellate court is refusing to rehear a case which allows the withdrawal of past due child support payments from a workers' compensation award.

Roby Ziegler, press secretary for the Illinois Attorney General's Office says that the only issue addressed in this case is whether past due child support could be deducted from a workers' compensation award or settlement. There are no other cases addressing this issue.

Under the Illinois Workers' Compensation Act, a debtor cannot place a lien against a settlment or award. Ziegler points out that in this situation , the word "lien" is too broad.

Frank Bartholomew fathered his son with Elizabeth Black. He subsequently signed a paternity agreement with Black.

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A Federal court recently approved a ADA payout by Sears in the amount of $6.2 millions. The EEOC filed a lawsuit aganst Sears alleging that the Sears' policy of terminating employees instead of providing them with a reasonable accommodation for their disabilities was in violation of the Americans With Disabilities Act.

The case was filed by the Equal Employment Opportunity Commission on behalf of John Bava, a Sears service tech. Bava was injured when he fell down a flight of stairs while at a customer's home. Bava's took leave according to Sears' rules and while he was still disabled by his injuries, attempte, on several occasions, to return to work. Sears would not accommodate his physical restrictions.

Instead, after Bava exhausted his leave time, Sears terminated him.

Continue reading "Federal court approves a $6.2 million settlement against sears" »

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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.

Continue reading "Illinois employer's payment of medical expenses warrants penalties, fees" »

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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.

Continue reading "Illinois deputy's personal errand nixes benefit award for vehicular accident" »

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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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