Illinois Workers Compensation Lawyer Blog

The arbitrator and the Illinois Workers' Compensation Commission do not have authority to assess penalties and attorney's fees against the State Injured Workers' Benefit Fund. The fund's payment of penalties and attorney's fees would be contrary to the legislative intent and language of Section 4(c) of the WCA.

Case name: Walker v. Capitol Transport Inc., 16ILWCLB139 (Ill.W.C.Comm.2008).

Walker, an over-the-road truck driver, suffered serious injuries in a motor vehicle accident while delivering a load from California to Chicago. The Illinois Workers' Compensation Commission found that the employer clearly acted in an unreasonable and vexatious manner in not payng benefits. The employer did not pay benefits because it did not have workers' compensation insurance coverage. The State Injured Workers' Benefit Fund did not dispute that penalties and attorney's fees were warranted against the employer. Rather, the fund argued that it should not be liable because penalties and fees are not "benefits." The Illinois Workers' Compensation Commission agreed that the fund was not responsible for payment of penalties or attorney's fees, and as such would be contrary to the legislative intent and language of Section 4(c). Walker still has a valid award against the employer, and he can enforce that award for penalties and attorney's fees in the Circuit Court.

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When a wheelchair-bound claimant has been functioning in his home for several years and then requests major modifications or an addition to his home, he must provide evidence why the change is now necessary and explain whether the change is related to his condition form the work injury.

Case name: Foster v. Teamsters Local No. 347, 16 ILWCLB 138 (Ill.W.C.Comm. 2008).

Continue reading "Illinois Workers' Compensation Commisison requires further information before approving house addition" »

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The employer may be liable for medical expenses related to treatment of certain conditions, such as diabetes and cysts, even though such conditions are not related to the claimant's work accident, when the treatment of the condition is reasonably necessary to cure the claimant of the effects of the accident injury.

Case name: Wilson v. Siegles Home & Building, 16ILWCLB 137 (Ill.W.C.Comm.2008).

Wilson, a truck driver, injured his neck at work while lifting a large oak door. He was diagnosed with cervical myelopathy, foraminal stenosis and cord compression. Wilson's doctor attempted to perform a nerve block, but due to Wilson's large size and barrel-chested anatomy, he was unable to visualize the targeted nerve roots. After entering a settlement agreement, the defendant authorized a cervical anterior disc fusion. During the procedure, the doctor was unable to complete the surgery due to an inability to access Wilson's anatomy below his clavicle and sternum.

Continue reading "Truck driver wins medical benefits for weight loss, diabetes treatment" »

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According to Peabody Energy employees, a mine worker killed in an accident involving a shuttle car at it's mine southern Illinois.

Peabody, which runs the mine at Willow Lake, closed down oerpations the troubled mine, until they can find out how the accident happened and state and federal officials have been notified of the details.

The Willow Lake mine has been under the scanner of the The federal Mine Safety and Health Administration (MSHA) has had the Willow Lake mine in its sight following several citations from the MSHA. According to Peabody, they have been aggressive in taking steps to improve the conditions at the mine.

The death of the worker at the Willow Lake mine comes days after competing Massey Energy Co (MEE.N: Quote), was being investigated for a deadly mine blast in April. A coal processing facility which was being built, was damaged by fire.

The Willow Lake mine, employs around 400 workers and has sold nearly 4 million tons of coal to Midwest utility customers in 2008, according to the website of Peabody, which sold 255 million tons of coal that year.

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The Illinois Workers' Compensatio Commission reversed the arbitrator and found that the claimant failed to prove he sustained a compensable repetitive stress injury to his upper extremities. The claimant's evidence was insufficient to establish a causal connection between his work duties and his condition.

Case name: Diepen v. Commonwealth Edison Co., 16 ILWCLB 134 (Ill.W.C.Comm.2008).

Diepen, an electrical specialist for the defendant, was responsible for switching out overhead power lines up to 138,000 volts, emergency restoration of overhead and underground service, operation of overhead and underground lines, and handling complaints by customers. To perform his duties, Diepen, used a "hot stick" which was a 30 foot fiberglass stick used for putting wires back on the pole.

Continue reading "Illinois employee's unconvincing medical evidence dooms RSI claim" »

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The Illiois Workers' Compensation Commission awarded temporary total disability for 29 &1/7 weeks, permanent partial disability for 17% loss of use of the right arm under Section 8(e), and medical expenses of $15,907.62 to an employee who fell while descending her employer's staircase during a cigarette break.

Case name: Larsen v. Lee Auto Parts, 16 ILWCLB 129 (Ill.W.C.Comm.2008).

Larsen, an accountant, worked in a second floor office in the defendant's building. The defendant established a designated area in the building where employees were permitted to smoke. This area was on the first floor in the "will call" section of the premises.

On the day of the accident, Larsen was very busy preparing the fiscal year end reports for the auditors. The fiscal year had ended two days earlier. Larsen took a break to go to the designated smoking area to have a cigarette. She was hurrying down the only stairway from the second floor offices to the first floor when she greeted a coworker going up the stairs.

Continue reading "Illinos Accountatn's injuries due to misstep during cigarette break warrants benefits" »

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The Illinois Workers' Compensaiton Commission ordered the defendant to pay 180 weeks of temporary total disability benefits to a claimant who suffered a work-related back injury.

Case name: Zendejas v. J&J Brothers Construction, 17 ILWCLB 162 (Ill.W.C.Comm.2009).

Zendejas sustained injuries in a work-related accident. He underwent surgery Nov. 7, 2005, in which the surgeon removed an extended disc fragment from Zendeja's lumbar spine. The arbitrator awarded temporary total disability benefits from Dec. 7, 2004, through Jan 15, 2007. The arbitrator found Zendejas could not receive ongoing TTD benefits because the defendant's Section 12 examiner determined that Zendejas had reached maximum medical improvement.

Continue reading "Illinois workers status as illegal alien does not block ttd award" »

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The Illinois Worker's Compensation Commission awarded wage loss benefits pursuant to Section 8(d)1 of the Illinois Workers' Compensation Act to an airlines attendant who suffered injuries in two work-related accidents.

Case name: Thompson v. United Airlines, 17 ILWCLB 160 (Ill.W.C.Comm.2009).

Thompson, a flight attendant who worked a flight between Washington, D.C., and Frankfurt, Germany, sustained several injuries due to two work-related accidents. Thompson sought wage loss benefits pursuant to Section 8(d)1. The arbitrator found that Section 8(d)1 was the appropriate remedy since Thompson had attained a prestigious and responsible position of purser, or first flight attendant on a major international carrier. She flew mostly international trips and earned an average weekly wage of $1,044.18 in the year before the second accident.

Continue reading "United Airlines flight attendant lands wage loss award" »

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The Illinois Workers' Compensation Commission affirmed the arbitrator's decision denying benefits to a claimant for an alleged disability. The arbitrator correctly refused to admit into evidence the claimant's uncertified medical records and bills.

Case name: Remer v. Yellow Check Cab Co. d/b/a Lincoln Cab 17ILWCLB 59 (Ill.W.C.Comm.2009)

Remer appealed the arbitrator's decision which found, amnog other things, that Remer's medical records and bills were not admissible. The medical records Remer sought to admit into evidence were not certified by the providers. Unless the parties stipulate to the admission of uncertified medical records, they are not admissible. Section 16 of the Illinois Workers' Compensation Act provides that there shall be a rebuttable presumption that any medical records, reports and bills receeived in response to an Illinois Workers' Compensation Commission subpoena are certified as true and correct. In this case, Remer had uncertified medical records and bills and subsequently sent supboenas to the providers. Remer then claimed the rebuttable presumption because he sent those subpoenas. The Commission found that Remer failed to prove the medical records and bills were received in response to the Commission subpoenas, and therefore, there was not rebuttable presumption that the records were true and correct.

Accordingly, the arbitrator correctly refused to admit the medical records and bills. Also, the arbitrator correctly found that without the medical records and bills in evidence, there wa sno basis to find causal connection, extent of temporary total disaiblity, medical expenses, or permanency.

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The Illinois Workers' Compensation Commission vacated the arbtriator's decision awarding penalties to the claimant under Sections 19(k) and 19(I) of the Illinois Workers' Compensation Act.

Case name: Treadway v. Munch's Supply Co., 17 ILWCLB 58 (Ill. W.C.Comm.2009).

Treadway was working as a truck driver for the employer when he twisted his right ankle and injured his right knee. He was diagnosed with a right ankle and knee sprain and was treated with pain medication. After cointinuing complaints of pain and discomfort, Treadway was diagnosed with complex regional pain syndrome (CRPS) in the right ankle. Based on the testimony of two examining doctors, the defendant stopped paying for Treadway's treatment. However, the arbitrator ordered the defendant under Section 8(a) to pay for the reasonable and necessary medical care prescribed for CRPS, and arthroscopic knee surgery.

Continue reading "Illinois employer's reliance on medical opinion nixes assessment of penalties" »

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The Illinois Workers' Compensation Commission vacated the arbitrator's award of temporary total partial disaiblity benefits and, instead, found the claimant entitled to temporary total disaiblity benefits for the periods he was off work, and maintenance benefits for the period when he performed light-duty work for the employer.

Case name: Fox v. Ketterman Communications, 17 ILWCLB 57 (Ill.W.C.Comm.2009).

Fox, a satellite dish installer, was working at a job site Feb. 28, 2003, when he fell from a 15 foot ladder onto a brick patio, landing on his left ankle. As a result of the fall, Fox suffered a left calcaneus fracture. On June 27, 2003, Fox returned to light-duty work as a dispatacher. The job involved answering phones, transcribing information, and working on the computer. As a dispatcher, her earned less wages.

Continue reading "Illinois satellite dish installer secures benefits" »

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The Illinois Workers' Compensation Commission held that a factory worker's injury while tiwsint his body arose out of and in the course of his employment. As a result of his injury the worker was entitled to 20 weeks of temporary total disability benefits.

Case name: Ortiz v. Rail exchange, 17 ILWCLB 50 (Ill.W.C.Comm.2008).

Ortiz made parts for railraod engines. His duties included reaching to his left for a bar, placing it on a press, removing the bar, hammering it three times, and reaching forward over his work table to place the finished bar onto a cart. He would then turn quickly to his left to obtain another bar from the forge operator. He completed this cycle five times per minute. Ortiz explained that he has to turn quickly to keep up with the pace of production.

Continue reading "Illinois assembly worker has compensable claim for twisting injury" »

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