Illinois Workers Compensation Lawyer Blog

The Illinois Workers' Compensation Commission granted the claimant's petition for review under Sections 8(a) and 19(h), finding that the claimant's ongoing medical treatment was causally related to the work accident, thereby entitling the claimant to an award of medical costs. The Commission further found that the claimant proved a material increase in his disability since the date of arbitration, thereby entitling the claimant to an additional award of 35% loss of a person as a whole under Section 8(d)2.

Case name: Ridgeway v. TLC Inc., 19 ILWCLB 203
(Ill.W.C.Comm.2011).

On Jan 8, 2002, Ridgeway, a head mechanic, went out to work on a truck, knocked over a jug containing a slippery substance, stepped in the substance, fell and fractured his left ankle. He underwent two surgeries and wore a brace to stabilize the ankle. His doctor opined that Ridgeway might need fusion surgery in the future. The arbitrator approved a settlement contract Feb. 18, 2005, with the defendant agreeing to pay Ridgeway 40% loss of use of the left foot. Pursuant to the settlement contract, the parties agreed to keep Sections 8(a) and 19(h) rights open under the WCA. At issue in this case is Ridgeway's petition for review under Sections 8(a) and 19(h). Ridgeway requested causally related medical expenses incurred since Feb 18., 2005. He also requested a wage differential award pursuant to Section 8(d)1. The Commission awarded additional benefits based on a material increase in disability to the extent of 35% under Section 8(d)2 and $5,507.66 for medical expenses under Section 8(a).

The defendant argued that Ridgeway was barred from seeking a wage loss differential because he elected a specific remedy and waived recovery under all other provisions of the WCA at the time he settled his claim in 2005. Rejecting this argument the Commission noted that when Ridgeway settled his case, he did not elect a particular remedy. Therefore he was not barred
from recover under other provisions of the WCA.

However, Ridgeway failed to prove entitlement to wage differential benefits because he did not provide evidence of the of the average amount he would be able to earn in the full performance of his duties as a head mechanic. As an award for wage differential benefits would be based on speculation, the Commission decided to award benefits based upon the loss of use of the person as a whole under Section 8(d)1.

Due to his left foot impairment, Ridgeway continued to work subject to permanent sedentary restrictions. He was unable to return to work as a full-time truck mechanic or driver because he cannot stand or walk for longer than two hours, he is unable to open a truck hood with a foot pedal, and he cannot stand on truck frames. Ridgeway underwent multiple surgeries, including an ankle fusion which left him with substantial physical limitations. He returned to work at a job with less pay and fewer hours. Relying on other Commission decisions which found it appropriate under Section 8(d)2 to award benefits for a specific loss, the Commission concluded that Ridgeway incurred a material increase in his disability to the extent of 35% loss of use of the person as a whole under Section 8(d)2.

An American Airlines flight attendant filed a suit against Boeing alleging that the bleed-air system aboard flight AA843 was faulty exposing her to toxic fumes resulting in the first of its kind settlement with Boeing.

Terry Williams, 42, suffers from memory loss, recurrent tremors, disabling coughing spasms, fatigue, nausea, speech impairment, loss of balance, vision impairment and numbness and tingling in her hands, arms, shoulders and feet.

Workers' Compensation doctors diagnosed Williams with neurotoxic disorder caused by the exposure to the toxic fumes aboard the aircraft she was on.

The lawsuit, which was filed in King County, Washington, claims that Boeing knew the bleed air system was faulty and did nothing to protect Williams, as well as other crew members and the passengers.

The details of the settlement are confidential. However, Boeing was required to turn over to Williams' attorneys, documents dating back to 1954/1955 which provided enough information about the bleed-air system which could potentially bring additional lawsuits against Boeing. The Association of Flight Attendants, CWA, are dealing with, on average, three new claims a week which involve flight crews exposed to toxic fumes.

Boeing "still contends that cabin air is safe to breathe and studies by independent researchers have consistently shown that existing systems for providing cabin air to passengers and crew meet applicable health and safety standards." The crews that fly these planes disagree. Airline crews have been alleging for years that Boeing's bleed air system is faulty saying that health problems date back to the 1950's.

Boeing has been using the bleed-air system when it began building airfcraft in the early 1950's. Since the advent of the 787, Boeing has substantially changed the air circulation system in the newer models.

The Illinois Workers' Compensation held that an employment relationship existed bewtween a taxicab business and the claimant-driver. However, the Commisison further held that the claimant failed to prove that her current condition of ill-being was causally related to her injuries from the work-related accident.

Case name: Brown v. AM Regional Taxi, 19 ILWCLB, 122 (Ill. W.C. Comm.2011).

Summary: Brown was working as a driver for the defendant's taxicab business when she was involved in a motor vehicle accident. The defendant leased out taxis to drivers and dispatched the drivers to pick up and drop off passengers. The defendant's owner testified that the business owned more than 30 taxicabs with its logo and phone number painted on each cab. The cabs were leased to over 30 drivers who are controlled in a manner similar to Brown.

Brown testifed that she was employed by the defendant to operate a taxicab. She paid a weekly lease and dispatch fee and in turn was dispatched by the defendant to pick up passengers. She was required to report any passengers she picked up that were not dispatched by the defendant. Brown was also required to advise the defendant of her whereabouts at all times while she was on duty operating their taxicab. In addition, she had to take the cab to a specific repair facility when necessary. All repairs were paid for by the defendant. Based on this evidence, the arbitrator found an employer-employee relationship existed bewteen the parties.

The arbitrator explained that the defendant retained and exercised a sufficient degree of control over Brown's work activities. In so ruling, the arbitrator pointed to a similar decision reached by the Illinois Supreme Court in Yellow Cab Co. v. Industrial Commission.

The arbitrator further found that although the evidence established that Brown was involved in a minor motor vehicle accident, it was not clear that she sustained any actual injury as a result of the accident. Based on the totality of the evidence adduced at hearing, the arbitrator questioned the veracity of Brown's testimony. Although Brown received extensive pain management treatment, the medical records demonstrated that she was esentially daignosed with nothing more than a back strain or sprain and a neck strain or sprain. The arbitrator concluded that Brown did sustain accidental injuries which arose out of and in the course of her employment and that adequate notice of the accident was provided to the defendant, but Brown failed to prove that her current condition of ill-being was causally related to the work-related injuries.

The Illinois Workers' Compensation Commission held that the claimant sustained permanent partial disability due to burns and was entitled to benefits under Section 8(d)2 for loss of use of 15 percent of the person as a whole.

Case name: Pena v. Wells Mfg., Co., 19 ILWCLB 152 (Ill.W.C.Comm.2011).

Summary: Pena was working for the defendant Jan 25., 2008, when he was splashed with molten metal and his clothes ignited.He testified that he continues to experience great discomfort as a result of his burns. Medical records indicated that Pena's treating doctor ordered various non-narcotic medications for the purpose of reducing Pena's pain. Without medication, his pain was constant and not tolerable. He testified that the bunred area was extremely hypersensitive to heat and cold. The burn extended from the midline in front, right, to the midline in back, including the right arm pit and the underside of the right arm to the elbow. He was restricted from working in a high temperature environment. Pena was also instructed to avoid working in an evironment where caustic or other irritating substances might come in contact with his skin. Pena's doctor described the burns as primarily second degree, with some third degree covering 18 to 22 percent of the body.

Pena testified regarding the development of vesicular lesions, sloughnig of skin, and blisters when he sweats. Based on this evidence, the arbitrator found Pena entitled to a permanency award for 15 percent loss of the person as a whole. The arbitrator noted that Pena's employment opportunities were significantly limited and he has been unable tos ecure work since the defendant laid him off nearly 18 months ago.

Upon review the Illinois Workers' Compensation Commisison affirmed and adopted the decision of the arbitrator.

The Illinois Workers' Compensation Commission awarded the claimant permanent disability benefits for 50% loss of use of the righthand as a result of a work injury.

Case name: Imbordino v. Schaumburg, Village of, 19 ILWCLB 151 (Ill.W.C.Comm.2011).

Summary: Imbordino, a maintenance employee for the defendant-village, was repairing buckled concrete with a mud jacker when a rock became lodged in the nozzle of the hose. After he laid the hose on the ground, the rock shot out of the hose and struck his left ankle, knocking him off his feet. He landed on his right arm. X-rays of his right arm showed a distal radial fracture. A cast was applied to the right wrist and forearm. He underwent surgery, which involved an open reduction with internal fixation with multiple screws and a four-inch plate. He took medication for several weeks due to severe pain, and then began physical therapy. He was eventually released to full duty. The arbitrator found Imbordino sustained a five percent loss of use of the left hand and 50 percent loss of use of the right hand as a result of the June 256, 2009 work injury.

In determining the permanency award, the arbitrator noted that Imbordino suffered a two-piece inter-articular distal radial fracture which required internal fixation. During the course of postoperative care and while working modified duty, Imbordino developed numbness and tingling, more prominent on the right than the left, necessitating a splint and injection to the right wrist. The EMG/NCV study confirmed the presence of bilateral carpal tunnel syndrome. Furthermore, the arbitrator found Imbordino credible in describing his arduous employment tasks and the loss of strength, weakness, and numbness in his hands daily since resuming full-duty work. The arbitrator noted Imbordino's daily use of over-the-counter pain medication to alleviate these complaints. Also, the medical records and postoperative x-rays supported the disability assessment.

Upon review, the Illinois Workers' Compensaiton Commission modified the arbitrator's decision by vacating the award of five percent loss of use oft he left hand.

An Illinois Workers' Compensation Commission majority vacated the arbitrator's finding that the claimant's right carpal tunnel syndrome was causally related to a a work accident and, accordingly, vacated a permanency award of 7.5 percent loss of use of the right hand. The Commission also reduced the permanency award for the claimant's back injury from 6 percent to 4 percent loss of use of the person as a whole, and vacated the award of penatlies and attorney's fees.

Case name: King-Alexander v. WA Howe Development Center, 19 ILWCLB 146 (Ill.W.C.Comm.2011)

Summary: Alexander, a mental health technician, alleged injuries while restraining an agitated patient Sept. 28, 2008. The arbitrator awarded 6 percent loss of use of the person as a whole, 5 percent loss of use of the right arn, and 7.5 percent loss of use of the right hand. The arbitrator also awarded $2,439.16 in Section 19(k) penalties and $487.83 in Section 16 attorney's fees. However, the Illinois Workers' Compensation Commission modified the decision by finding that Alexander's right carpal tunnel syndrome was not causally related to the work accident, and vacating the arbitrator's permanency award of 7.5 percent loss of use of the right. The commission also modified the arbitrattor's permanency award for Alexander's back injury from 6% to 4% oss of use of the person as a whole. Lastly, the Commission vacates the award of Section 19(k) penalties and Section 16 attorney's fees.

In finding Alexander's right carpal tunnel condition causally related to the accident, the arbitrator relied upon a chain of events analysis over the causal connection opinion of the defendant's Section 12 examiner. The arbitrator found that the examiner did not review the medical records and that the defendant engaged in doctor shopping when it obtained the examiner's opinion one year after the accident. However, the Commission viewed the evidence differently and found that Alexander's right carpal tunnel syndrome was not causally related to the work accident. Signficantly, Alexander did not complain about her right hand until two months after the accident. Also, Alexander contended that her job was repetitive in nature, but she alleged that a specific event, not repetitive trauma, cased her conditions. In addition, she did not submit a medical opinion establishing a causal connection between her right carpal tunnel syndrome and the work accident. Furthermore, the defendant's examiner's report reflected that he did review the medical records in conjunction with his examination.

In contrast to the arbitrator's opinion, the Commission did not believe the defendant was engaging in doctor shopping when it retained the examiner. By statute, the defendant was entitled to a Section 12 examination. The examiner noted that carpal tunnel syndrome can be associated with diabetes. The Commission conclused that the bilateral nature of Alexander's carpal tunnel syndrome, along with her conceded diagnosis of diabetes, further supported the finding that her right carpal tunnel syndrome was not due to the work accident.

The Illinois Workers' Compensation Commission ehld that although the claimant established that her fall at work arose out of her employment in the defendant's bakery,she failed to prove that her current condition of ill-being was causally related to the work accident.

Case name: Dugger v. Peter's Market Inc., 19 ILWCLC 145 (Ill.W.C.Comm.2011)

Summary: While worknig the defendant's bakery department in February 2010, Dugger slipped and fell on some plastic wrap while carrying a plate of strawberries. There was a video camera in the bakery that filmed the entire incident. Before the accident occurred, Dugger dropped the plastic on the floor and made no attempt to pick it up. She continued performing her regular duties. About 20 minutes later, Dugger was carrying a tray of strawberries along the back of the bakery counter when she stepped on the plastic, she slipped foward before landing on her buttock and rolling onto her back and left arm. The arbitrator found Dugger sustained an accidental injury that arose out of and in the course of her employment.

Although there was some speculation by the defendant that Dugger staged her fall, the defendant presented no credible evidence to support this finding. Also, the arbitrator rejected the defendant's argument that Dugger was not at any greater risk than the general public when she fell. Dugger was at a greater risk than the general public in that she fell on plastic wrap in an area where she was repeatedly walking from one end of the counter to the other in order to assist customers. In addition, this area was not open to the general public. The presence of such an item on the floor was incidental to Dugger's employment and was not something to which the general public would be exposed. As such, the arbitrator found Dugger had proven by preponderance of the credible evidence that she sustained an accidental injury arising out of and in the course of her employment.

However, the arbitrator went on to find that Dugger's symptoms of myelopathy and need for surgery were not related to this accident. Medical records indicated that Dugger had consistent complaints of numbness and pain in her hands for years before the wrok accident. The records also showed prior episodes of falling and other myelopathic symptoms. The arbitrator adopted the opinions of the defendant's examining doctor, which were based on an accurate history of Dugger's past and present complaints, the credible medical records, and his viewing of the video surveillance showing the mechanism of Dugger's fall. Furthermore, the arbitrator found Dugger was less than truthful regarding her myelopathic complaints prior to the accident the mechanism of her fall.

Upon review, the Illinois Workers' Compensation Commission affirmed and adopted the decision of the arbitrator.

The Illinois Appellate Court, 2nd District affirmed the Circuit court's order reversing the Illinois
Workers' Compensation Commission's denial of benefits to a deput sheriffinjured in a vehicular accident.

Case name: Johnson v. Will County Sheriff's Department, IWCC, 19 ILWCLB 136 (Ill.App.Ct., 2nd 2011).

Summary: Johnson, a deputy sheriff, left his assigned patrol area while on duty to collect his personal mail at a post office three miles outside the county border. As he was exiting the post office, Johnson received a radio assignment to assist a deputy in transporting a passenger. Johnson was traveling to the deputy's location when he was involved in a motor vehicle accident. The accident was one and one-half miles from the county border and 20 miles from his destination. Johnson was suspended from duty without pay for eight days for leaving his assigned post without permission. In a decision summarized at 17 ILWCLB 130, the Commission denied benefits, finding Johnson was engaged in a personal deviation at the time of his accident and the accident resulted from Johnson's misconduct. The Circuit Court reversed. Upon review, the Illinois Appellate Court affirmed the Circuit court.

Continue reading "Will County Sheriff secures benefits despite conducting personal errand before his accident" »

Ruling: The Illinois Workers' Compensation Commission denied a laborer's claim for work-related neck and shoulder injuries based on a failure to provide sufficient proof of a work accident.

Case name: Rivera v. Asmussen Waxler Group, 19 ILWCLB 133 (Ill. W.C. Comm. 2011).

Summary: Rivera worked in the defendant's warehouse packing and delivering food. On Dec. 5, 2003, he was moving, packing and taping boxes of frozen food for 15 to 20 minutes when he noticed pain in his left shoulder and chest. After sitting for a while, he continued working, finished his delivery to the defendant's warehouse, and went home. Rivera testified that after he was home for the evening, the pain in his chest and left arm got worse. The next day, he was taken by ambulance to the emergency room. He did not relate any history of an accident at work or elsewhere. A physical examination showed he had full range of motion of his neck. After obtaining an abnormal EKG, river signed himself out of the hospital against medical advice.

He followed up with his primary care physician Dec. 9, 2003, and complained of pain radiating from his neck into his left shoulder. The doctor advised Rivera to avoid heavy lifting or strenuous exercise, but she did not specifically take him off work.

One month later, an MRI revealed a right sided disk herniation and "extensive change" in the left shoulder area, where Rivera had prior shoulder surgery. Rivera testified that he has not worked since the work incident and is currently receiving Social Security disability due to medical conditions involving his neck, back, left shoulder, carpal tunnel syndrome, and obesity.

The arbitrator found Rivera failed to prove an accidental injury or a causal relationship between the alleged injury and his current condition of ill-being. Rivera failed to testify to either a precipitating specific event or precipitating repetitive trauma.

Upon review, the Illinois Workers' Compensation Commission affirms the denial of accident but on a failure of proof basis. In so holding, the Commission pointed to Rivera's testimony that on the day of the accident he spent 20 minutes moving boxes that weighed 10 to 15 pounds each before experiencing the onset of left-sided chest pain and left arm pain. He testified that his pain worsened after he finished his workday and went home.

However, the emergency room records contained to mention of any work-related activities. Rivera testified he did not mention any such activities to the emergency room personnel because he did not think he got injured at work.

Ruling: The Illinois Workers' Compensation Commission found the claimant's back condition was causally related to the work accident and that he was entitled to 40-1/7 weeks of temporary total disability benefits, prospective medical treatment, and medical expenses pursuan to the medical fee schedule.

Case name: Ramirez v. Ron's Staffing Service, 19 IlWCLB 126 (Ill.W.C.Comm. 2011).

Summary On July 15, 2009, Ramirez slipped on water and injured his back and right shoulder. The arbitrator found Ramirez reached maximum medical improvement as of Sept 16, 2009, and awarded 5-2/7 weeks of TTD benefits representing a period from Aug 10, 2009 through Sept 16, 2009 and medical expenses pursuant to the fee schedule incurred through Sept 16, 2009. Relying on Ramirez's medical records and his credible testimony, the Illinois Workers' Compensation Commission reversed the arbitrator's decision and found Ramirez's present condition causally realted to the work accident. The Commission further found Ramirez entitled to 40-1/7 weeks of tTD representing a period from Aug. 10, 2009 through May 17, 2010, prospective medical treatment, and medical expenses pursuant to the medical fee schedule.

The Commission found that all the medical records consistently documented Ramirez's complaints of low back pain. His back pain never subsided. The Commission also found that Ramirez's radiating symptoms persisted as well. The only place that treated Ramirez and did not document radiating symptoms was the company clinic. All the other treating providers documented radiating symptoms.

Continue reading "Illinois employee proves wipeout at work caused his current back problems" »

The reforms to the Illinois Workers' Compensation Act went into effect on September 1, 2011.
According to the governor's office, Illinois businesses spend upto $3 billion a year to insure and treat injured workers. Govenor Quinn believe that the changes to the Illinois Workers' Compensation Act will save Illinois businesses approximately $500 million a year while still protect the rights of injured workers.

The reimbursement rates to doctors who treat injured workers was cut by 30%. The Illinois State Medical Society warns that this reduction could lead to fewer doctors willing to treat work related injuries.

The law now requires doctors to use the American Medical Association impairments standards to determine the extent of a worker's injuries. The problem with this is the standards the AMA uses have never been used before to establish disability. A rotator cuff injury suffered by an office worker may be an impairment. The office worker may still be able to do their job. A rotator cuff injury for a construciton worker could prevent the worker from being able to do heavy lifiting, thereby making the injury a disability.

The changes to the WCA allows businesses to set up a network of physicians/clinics which employees can choose to receive treatment form. The physicians/clinics wil be prescreened by the Illinois Department of Insurance. Dr. David Fletcher, chief executive of SafeWorks Illinios believes that doctors will form preferred networks and would eventually charge the employer more than what has mandated by the Illinois legislature if the employer is happy with the outcome of the treatment.

For now, no one knows how these changes will affect the Illinois Workers' Compensation until the Commission starts deciding on cases filed after September 1, 2011.

The Illinois Industrial Commission modified the arbitrator's decision by vacating an award for maintenance benefits. The claimant railed to meet his burden of proving he conducted a diligent self-created an directedjob search entitling him to maintenance benefits under section 8d(a) of the Illinois Workers' Compensation Act.

Case name: Kane v. Arcelor Mittal Steel, 19 ILWCLB 116 (Ill. W.C. Comm. 2011).

What it means. A diligent self-created and directed job search could be considered vocational rehabilitation within the meaning of Section 8d(a) of the Illinois Workers' Compensation Act, thus entitlling the claimant to maintenance benefits. Where the claimant fails to introduce any documentation substantiating his job search, and his testimony is vague, he has not satisfactory established he conducted the requisite job search. Accordingly, the claimant is not entitled to maintenance benefits.

Continue reading "Illinois electrician's lack of documentation of job search short-circuits claim" »