Illinois Workers Compensation Lawyer Blog

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 study was going to be conducted into why coal miners decline free x-rays to check for black lung disease.

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 politicians 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.

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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.

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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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The Illinois Workers’ Compensation Commission held that a claimant sustained repetitive trauma injuries in the form of carpal tunnel syndrome arising out of and in the course of his employment and found the claimant entitled to prospective medical treatment pursuant to Section 8(a) of the WCA.

A laborer’s carpal tunnel syndrome injury, caused by constant heavy lifting, may warrant benefits as a compensable repetitive injury.

The claimant asserted he sustained carpal tunnel syndrome due to his 10 years of work for the city as a sanitation laborer. His duties included picking up garbage carts and dumping the carts into a truck. The claimant also lifted loose material including couches, refrigerators, and stoves in the garbage truck for removal. He had a previous neck problem requiring surgery and has controlled non-insulin-dependent diabetes. He began to notice numbness in the thumb, index and middle fingers and pain the wrist of his right hand. His symptoms were most prevalent at work. His neck surgeon opined that the numbness in the hand was “more likely related to his carpal tunnel syndrome than his neck.” The Commission awarded benefits, finding that work-related repetitive trauma in the form of bilateral carpal tunnel, right worse than left, was fully supported by the claimant’s testimony and the medical records.

The Commission noted that the claimant’s job required heavy lifting and the use of both hands on a constant basis. He testified to performing these repetitive forceful activities every day for 10 years. The employer presented no evidence to the contrary on the issue of forceful repetitive work duties

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The Illinois Workers’ Compensation Commission held that a claimant’s knee injury while climbing a ladder constituted a compensable accident. He had to continuously climb a ladder throughout his workday, which subjected him to a greater risk of injury than a member of the general public.

The use of a ladder, alone, does not subject the claimant to a greater risk of harm than that to which the general public is subject. However, if the claimant can show that his employment requires that he has to continuously climb a ladder throughout his workday, then the worker is subject to a greater risk of injury than the general public.

The claimant, a sheet metal apprentice, was climbing a ladder at work when he heard and felt a pop in his right knee. Conflicting evidence existed as to whether the claimant was twisting his knee and holding a drill in his right hand at the time of the incident. He continued to work and went up and down the ladder 30 to 40 times that day during which time he experienced a second pop followed by increased pain and swelling. He was diagnosed with a meniscal tear and underwent surgery. More than 10 years earlier, the claimant underwent surgery on his right knee for a ganglion cycst. He testified to no knee problems after the ganglion surgery until the work injury. In awarding benefits, the arbitrator found that the use of a ladder increased the claimant’s risk over that of a member of the general public. Although affirming the award, the Commission differed with the arbitrator’s basis for finding an accident. The Commission explained that the ladder, alone, did not inherently subject the claimant to a greater risk of harm than that to which the general public is subject. Also, a ladder is not equivalent to a staircase and is thus not likely to be an element in a personal comfort case. The Commission found that the claimant had to continuously climb a ladder throughout his day. Therefore, the number of times the claimant had to climb a ladder was greater than the general public. Accordingly, the claimant’s employment subjected him to a greater risk of injury than a member of the general public.

Furthermore, the Commission found the evidence did not show that the claimant had an idiopathic condition. Although the claimant had a preexisting condition, this condition was limited to a ganglion cyst. Medical evidence established that a ganglion cyst resides above the joint level and does not interfere with the cartilage of the knee. Also, the claimant was not having problems with his knee after the end of his treatment for the cyst in 1993 until the work accident in 2004.

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The Illinois Workers’ Compensation Commission awarded benefits to an electrician employed by Galaxy Enterprises. The employee a 59 year old union electrician worked for Galaxy for 30 years.

On October 4, 2005, the employee was working on a job site located in Chicago when he and his co-workers were unloading a van containing construction materials. After carrying the construction materials to the second floor of the site, the employee was installing conduit when he started to feel pain in his low back. The pain was radiating down his right. He continued to work in discomfort for the rest of the day.

The employee was subsequently diagnosed with a herniated disk which developed from the repetitive nature of unloading the construction materials and bending to install piping.

The employer’s examining doctor opined that the employee’s pain was a result of his ongoing degenerative disk disease. However, the Arbitrator, after reviewing the employee’ MRI, found that the inflammation present suggested a newer injury an acute problem.

The Arbitrator awarded the employee compensation for his back injury. The employee was able to return to work and worked for his employer until he retired in January of 2008.

The employee was represented by Attorney Adam J. Scholl, Donald W. Fohrman & Associates, Ltd.

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Unless you have been through the Illinois Workers' Compensation system, you may not know what to do after being involved in a work-related accident. Two very important steps must be taken to preserve your rights under the Illinois Workers' Compensation Act.

First and most importantly, get immediate medical treatment. If you are able, give the medical provider an accurate and complete history of how your accident happened. Providing your doctor with a good history will make getting your Workers' Compensation benefits easier. If you do not provide your doctor with a history of how your accident happened, chances are the Workers' Compensation insurance carriers will deny your claim.

Make sure that you report your injury to your employer either in writing or orally. The law does not require you to complete an accident report. If it is your employer's policy to have you complete a written accident report, make sure the accident information is accurate. Never sign a blank accident report form. Under the Illinois Workers' Compensation Act you have 45 days to report an accident. However, it is best to report the accident to your employer as soon as possible. Also, the law does not require you to provide your employer or their Workers' Compensation insurance carrier with a recorded statement. Often times, a recorded statement can be used against you at a future hearing.

We recommend consulting with an experienced Workers' Compensation attorney as soon as you are able. An attorney can best advise you on how to protect your rights under the Illinois Workers' Compensation Act and ensure that you receive the maximum compensation allowable under the Act.

For more information about the Illinois Workers' Compensation Act and to request a free confidential, consulation, visit our web site at ChicagoLegalNet.com

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On August 17, 2004, a maintenance manager for United Stationers Supply Company, was on a ladder inspecting a roof when he was stung by wasp. The manager fell off the ladder on to the ground.

The fall off the ladder caused the manager to sustain a herniated disk in his neck. He remained off work and under medical treatment until it was determined by his doctor that he would be unable to return to his previous profession.

His attorney, Adam J. Scholl, of Donald W. Fohrman & Associates, Ltd. was able to secure for his client, vocational rehabilitation and the manager was able to obtain employment with another company.

The attorney settled his claim for $245,000

If you have been injured on-the-job and are unable to return to your previous profession, contact Adam J. Scholl at Chicagolegalnet.com for a free, confidential consultation.

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The Bureau Of Labor Statistics released a national census of fatal work injuries in 2007. The number of fatal work injuries in 2007 totaled 5,488 down 6% from 2006 when 5,840 fatal work injuries were reported. While these results are considered to be preliminary, the 2007 figure is the lowest annual preliminary total since 1992. The Bureau of Labor Statistics will release the final results in April 2009.

Based on this report, the rate of fatal injuries in 2007 was at a rate of 3.7 fatal work injuries for every 100,000 workers down from the final rate of 2006 which was 4.0 fatal work injuries for every 1000,000 workers which, at the time, was the lowes annual fatality rate ever reported.

To read the entire Census click here.

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