Illinois employer's promise to pay benefits triggers penalties
The Illinios Workers' Compensation Commission awarded medical expenses and temporary total disability benefits to an injured worker for multiple foot fractures and a plantar fasciitis condition. Also, the commission affirmed the aribtrator's assessment of penalties and attorney's fees for the employer's failure to pay temporary total disability benefits
The employee worked for the employer installing and servicing satellite dishes and receivers. On the date of the accident, the claimant fell 25 feet off a ladder while performing an installation, causing multiple fractures to his left heel. He also developed plantar fasciitis. The arbitrator awarded $512 in medical expenses and 38 weeks of temporary total disability benefits.
In determining whether to assess penalties and fees upon the employer, the arbitrator noted that on Aug 3, 2007, the employee was prepared to proceed to trial but agreed to continue the case after the employer promised to pay benefits to the end of the month. Such benefits were never paid. The arbitrator found that the defendant's behavior in offering to pay benefits to continue a hearing, then faling to make such payments represented vexatious behavior designed to delay the hearing scheduled to determine if such benefits were due. In addition, the arbitrator found that any reliance upon the opinions of the defendant's doctor, who stated that the claimant's plantar fasciitis had resolved, were unreasonable as the doctor did not review an MRI examination which occurred after his evaluation. The MRI clearly showed that the claimant had plantar fasciitis. Based on this evidence, the arbitrator found the defendant liable for Section 19(k) penalties of $5,390.39, representing 50 percent of the unpaid TTD. The arbitrator also awarded Section 19(l) penalties of $3,120, representing $30 for each day TTD was not paid after Au. 3, 2007, and Section 16 attorney's fees of $2,156.15, representing 20 percent of the TTD awarded and owed the employee.
Upon review, the Commission modified the arbitrator's average weekly wage calculation and affirmed on all other issues.
