Illinois Workers Compensation Lawyer Blog

The Illinois Workers' Compensation Commission ruled that an Illinois employer is responsible to pay temporary total disability benefits for an extended period while the injured worker was awaiting recall from a temporary layoff.

The worker, a construction worker, injured his right ankle at work when a structure collapsed and he fell more than 10 feet. On June 6, 2004, the worker returned to restricted work. He was then off work from March 20, 2005 to Sept. 4, 2005, recovering from fusion surgery. He again returned to restricted work until Jan. 7, 2006, whe he was laid off due to bad weather. He was never recalled by the employer after that layoff. However, the crew he had worked with since his hiring in 2001 was recalled by the end of January. In early August, 2006, the worker called the employer's headquarters and was told there was no restricted work available and he was considered a "voluntary quit." After the phone conversation, the worker immediately began looking for employment within his restrictions. He found employment as a gast station clerk at $6.75 per hour with an additional $.50 at night.

In awarding Workers' Compensation benefits to the worker, the arbitrator noted that the employer did not offer any alternate employment or assistance in finding work. The worker's actions in finding a full-time job, although at a lesser rate of pay, was reaosnable given the lack of vocational assistance from the employer and the physical restrictions limiting the jobs available to the worker. Because it was the failure of the employer to take any action after the January layoff while the worker was waiting to be recalled to work that causd the long absence from work, the employer was responsible for lost wage benefits (TTD) during that time.

Often times, an injured worker, is returned to work by his physician, with physical restrictions. Some employers may accommodate a worker with restrictions. In the event that the employer does not, the Illinois Workers' Compensation laws provide that the employer is still responsible to pay a lost wage benefit or Temporary Total Disability benefits.

If you are in this situation and need assistance in getting your lost wage benefits, contact our office at 800-437-2571 for a free no obligation consultation.

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Dr. David Fletcher, an Illinois occupational medicine specialist, has asked the University of Illinois to help establish a new source of impartial information and research on Illinois Workers' Compensation issues.

Dennis Ruth, who resiged as Commissioner earlier this month thinks it's a good idea. "One of the things we see in complaints about the system is there is not a lot of research on workers' comp in Illinois. You get either anecdotal information or limited information...from a special interest group."

The "antiquated computer system" limits the Illinois Workers' Compensation Commission's (IWCC) abiltiy to do research. "So something like what (Fletcher) has proposed could be very helpful in addressing issues. It would be good to have information provided by someone with no particular axe to grind."

Dr Fletcher told WorkCompCentral that he has conducted some "preliminary discussions" with Robert Rich the director of the university's Institute of Government and Public Affairs in Urbana. Dr. Fletcher believes that a center should be established in order to conduct impartial and objective studies on Illinois workers' compensation.

"I believe there is a need for nonpartisan studies and informaton on our workers' compensation system," Fletcher said.

Dr. Fletcher, citing "discrepancies in studies by organizations such as the National Council of Compensation Insurance and the Workers' Compensation commission, has become frustrated. Dr. Fletcher believes that objective studies from a netural source in the state would benefit all those involved in the Illinois workers' compensation system, thereby reducing litigation.

To read the complete article click here

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The Illinois Workers' Compensation Commission denied benefits to a telecommunications
salesperson who was assaulted by a customer. The claimant worked as an account executive for Allegiance Telecom. He was responsible for selling services to businesses, including long distance and Internet. The claimant was in the area of the client's business and decided to make an improptu appointment. He called just before his visting.

Upon entering the premises, the of owner of the business acted in an angry manner. The worker left the building, but the owner followed him outside and struck the claimaint in the face. In a police report, the worker stated he went to the business to collect money owed him by the owner.

An Arbitrator of the Illinois Workers' Compensation Commission denied benefits as the attack upon the claimant was not occasioned by a business-related reason, but rather, by a personal reason. Upon review, the Commission affired and adopted the decision of the Arbitrator.

Based on the police reoprt and the tesitmony of all the witnesses, the arbitrator concluded that the reason the claimant made an impromptu call to the business owner was to collect a private debt owed him by the business owner. Therefore, the assault did not arise out of or in the course of the claimant's employment.

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Officials announced Friday that a stddy was going to be conducted into why coal miners decline free x-rays to check for black lung diseas.

According to the National Institute for Occupation Safety and Health several states have low rates of participation by coal miners with fewer than one-third choosing to receive the free x-ray.

Steve Earle with the United Mine Workers of America union, says that, " Workers' Compensation laws have become so restrictive that most miners diagnosed with the debilitating disease don't qualify for benefits." As a result, the miners skip the health screening that could have them be considered "damaged goods" by employers.

"What's the need in doing it," asked Michael Cardell a miner from Clay Kentucky who has worked in the mines for 30 years. "If you've got it, they won't do nothing for you."

According to Thomas Moak, a Coalfield lawyer, the politicans have made it too hard for afflicted miners to qualify for benefits. "Right now, there are very few benefits miners can receive if they test positive," says Moak.

Under current Kentucky law, miners diagnosed with black lung, have to be examined by a panel of five doctors before benefits can be awarded.

Click here to read the full article

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The U.S. 6th Circuit Court of Appeals reinstated a lawsuit brought by Michigan workers against their Illinois based employer, Cassens Transport Company. The lawsuit alleges that the employer, the Workers' Compensation insurance company, Crawford & Company and physician Dr. Saul Margules, committed mail fraud, wire fraud and violated the federal Racketeer Influenced and Corrupt Organizations Act or RICO Act.

The workers claimed they were fraudulently denied Workers' Compensation benefits.

Attorney Marshal Lasser, an attorney in Southfield has been representing current and former employees Paul Brown, William Fanaly and Charles Thomas. Lasser was stunned and pleased by the Court's ruling. "I've been fighting this battle for many, many years," Lasser said. "There are a lot of people who I believe are suffering because of unlawful denial of workers' comp claims, for which there is not relief under Michigan law."

The ruling however, does not mean the workers have won their case. It means the lawsuit can proceed in a Detroit US Disctrict Court.

Attorney, Janet Lanyon, who represented the defendants in the case, could not be reached for comment.

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In it’s second year, The Illinois Workers’ Compensation Fraud Unit (WCFU) reported that the number of cases it investigated and referred to prosecutors doubled. According to the Illinois Division of Insurance, there was an increase of 168% over 2006- and referred 58 cases for prosecution, an increase of 346%. In 2007, the unit opened 102 investigations.

In 2007 the total fraud dollar amount increased by 949% in 2007 to $6,486,771. In 2006, the approximate total fraud dollar was $618,391. Employer based fraud increased from one to seven and with total fraud amounts increase to $4,333.405 up from $24,000.00

According to Jim Jordan, a spokesman for the Illinois Division of Insurance, the WCFU is required to present their findings to the Workers’ Compensation Advisory Board on Tuesday and to answer any questions the Board may have about the report.

To read the full article click here

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The Detroit regional office of the National Labor Relations Board filed a complaint against Starbucks Corp, alleging unfair labor practices stemming from an investigation into a charge made by Cole Dorsey, an employee of Starbucks

In the complaint, Dorsey is alleging that he was was fired from his job at Starbucks for his "sympathies for and activities on behalf of the Starbucks' workers' union." Dorsey is a member of the Industrial Workers of the World Union. Dorsey had been given two prior disciplinary warnings by the store manager.

Stephen Glasser, the regional director at the Detroit office states,"We have reasonable cause to believe there may be a violation here when Starbucks terminated Dorsey."

The board has requested that Starbucks give Dorsey his job back, rescind the two disciplinary warnings, post notices in the store informing workers they have the right to join the union and pay Dorsey any lost wages resulting from his termination.

Starbucks claims that Dorsey was fired as a result of his being 30 minutes late to work and that the disciplinary action taken against Dorsey was related to his being tardy. The charge that he was fired due to union activity is "without merit," according to a Starbuck's spokesperson.

Starbucks had until October 14 to respond. If they are unable to settle Dorsey's complaint, the case is set for trial before an administrative law judge on Nov. 20.

About 200 current and former Starbucks' workers are represented by the union.

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Illinois employer employer who relied on physician’s opinion assessed penalties

An Illinois arbitrator’s decision that awards penalties against the employer is affirmed and adopted by the Illinois Workers’ Compensation Commssion.

When denying a claim, an Illinois employer cannot rely on an unreasonable physicians opinion that the work-related injury did not cause the claimant’s current condition when the employer also has clear and un-rebutted evidence that the injury caused the current condition.

The arbitrator awarded penalties and attorney’s fees against the employer, finding the employer’s reliance on it’s physicians recommendation unreasonable in light of the clear facts surrounding the claimant’s injury. The 30-year-old claimant experienced left shoulder pain while moving a handcart. He reported to the employer’s medical department and underwent physical therapy for one month. Several months later the claimant requested medical attention, complaining of “popping, grinding sounds” in the same shoulder. An employee in the medical department wrote a note that she did not “like what she felt on this shoulder.” An MRI revealed that if trauma occurred, a contusion might exist. A physician, at the employer’s request, examined the claimant’s records without examining the claimant himself and concluded that the previous work-related injury did not cause the claimant’s current MRI findings because the MRI findings showed a degenerative disease. However, this opinion was dismissed by the claimant’s surgeon, who performed surgery and corrected his condition. The surgeon stated that the claimant’s injury was a well-know cause of the type of tear found in his shoulder. Because the employer relied on the unreasonable opinion of its physician to deny the claimant benefits when the circumstances of his injury were clear, the arbitrator awarded statutory penalties and attorney’s fees against the employer.

The arbitrator awarded the claimant a total of $18,554.40 in penalties and $3,710.88 in attorney’s fees.

Under the Illinois Workers' Compensation Act, an injured employee is required to submit to an examintion by an insurance company doctor. Most often, these examinations are to the benefit of the insurance company. They are used to get an injured worker back to work (usually before their doctor says they are ready) and result in the termination of Temporary Total Disability beneifts (TTD).

If this has happened to you, contact our office at 800-437-2571 for a free confidential consultation with an experienced Workers' Compensation attorney.

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An update on the Illinois Workers' Compensation Commission will be given by Commissioner Dennis Ruth at the 16th annual Work Injury Conference which will be held on October 21 at the I-Hotel and Conference Center in Champaign, Illinois.

This year's theme of the conference ""The Reality of the Illinois Workers' Compensation System: Culture Change, Culture Shock," alludes to the skepticism employers have about promised reform in the Illinois Wokers' Compensation system.

Scheduled to speak at the conference are State Rep. David Reis, R-Effingham, and Lobbyist Jay Shattuck. Their discussions will address what changes are needed to to the Illinois Workers' Compensation system in order to make Illinois more competitive in the job market.

Also scheduled to speak at the conference is Brad Cooper, chief executive officer of Corporate Wellness. Mr. Cooper's discussion topic is the wellness strategies employers can implement to help prevent workplace injuries.

Additional conference speakers will include:

Jeff Sunderlin, Illinois Department of Public Health
Bruce Bonds, Attorney, Heyl Royster Voelker & Allen
Jeff Frederick, Frederick and Hagle
Ron Bensyl, GTPS Insurance
Mike Weber, Safety Director, Super-Valu
Tom Grey, Safety Consultant, Grey and Associates
Dr. Lawrence Li, Orthopedic and Sports Medicine Center
Dr. David Dodgin, Orthopedic and Sports Medicine Center

The conference is aimed toward employers, physicians, nurse case managers, insurance adjusters and attorneys

To register for the conference, visit http://www.safeworksillinois.com.

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According to the results of a recent Small Business Opinion Poll conducted by Opinion Research Corporation (ORC) of Princeton, N.J. , a majority of small business owners surveyed are not aware of the financial risks of being self-insured.

Eighty-five percent (85%) of the 501 small business owners surveyed throughout the country were not aware of the closure of several self-insured groups over the past year. In New York, seven self-insured trusts failed this year. Several self-insured groups in Tennessee, Kentucky and California are involved in litigation.

Of the small business owners responding to the survey, 58% reported they were unaware that companies belonging to self-insured groups remain financially responsible. They would remain financially responsible for not only providing injury claims for their businesses, but for the claims of all businesses in their group.

To read the complete article click here

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The Illinois Workers’ Compensation Commission reversed the arbitrator’s decision denying benefits find that the claimant’s injuries sustained in an assault during her workday arose out of and in the course of her employment. The evidence established that the claimant was in fact at a greater risk due to the nature of the job and a prior incident.

Where the nature of an employee’s job places her on the street for the most of the day, and she has already been involved in an incident with a group of misbehaving teenage boys, then the employee’s risk of another incident with the boys, possibly even resulting in their assaulting her, is greater than that faced by the general public. Under such circumstances, the employee’s injuries would arise out of her employment.

The claimant worked as a delivery truck driver, selling ice cream and frozen foods to households. On the date of the accident, she was rearranging products in the freezer in order to reach some items in the back for a client when a group of teenage boys approached her truck. She previously had trouble with the boys when they tried to steal from her and she threatened to call the police. They slammed the freezer door on her head and pulled her off the side of the truck. She hit the pavement on her left side. The teenagers then left. She suffered a severe headache, memory loss, injuries on her left side, and post traumatic stress syndrome. She worked for only two days after the incident occurred. The arbitrator denied benefits, finding the claimant’s risk was not distinctive to her employment and there was no evidence that the claimant was at an increased risk of injury. However, the Illinois Workers’ Compensation Commission reversed, reasoning that the evidence and testimony established that the claimant was in fact at greater risk due to the nature of the job and the prior incident. Therefore, her accident arose out of and in the course of her employment.

The Illinois Workers’ Compensation Commission explained that the claimant’s job included sales, not just driving a truck. This placed the claimant on the streets all day, thus subjecting her to a greater risk of being hassled or robbed. She was also at an increased risk because of the prior trouble with the group of teenagers. The evidence and testimony established that the claimant was in fact at greater risk due to the nature of the job and the prior incident.

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The Illinois Appellate Court, First District, affirmed the Illinios Workers' Compensation Commission’s holding that a claimant’s trip-and-fall injury while walking from her employer’s parking lot to the workplace arose out of and in the course of her employment.

Where an injury to a worker arriving for work takes place in an area of the employer’s premises that constitutes a usual access route for employees and is caused by some special risk or hazard located on the premises, the “arising out of” requirement is satisfied.

Continue reading "Hospital employee secures benefits for injury between parking lot, workplace" »

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