Illinois Workers Compensation Lawyer Blog

The Illinois Workers' Compensation held that a worker who had to undergo a splenectomry due to a work accident was entitled to permanent disability benefits under Section 8(d)2 of the WCA for 25 percent loss of use of the person as a whole. Also, the employer must authorize and pay for any ongoing medical expenses as indicated by the treating doctor, including vaccinations and antibiotics, and treatment for fevers regardless of the determined cause.

Case name: Dersch v. Dersch Energies, Inc., 17 ILWCLB 114 (Ill.W.C.Comm. 2009).

Continue reading " Illinois employer must cover worker's future treatment " »

The Illinois Workers' Compensation Commission vacated an award of permanent total disaiblity benefits and instead found the employee suffered a 100% percent loss of use of the left leg under Section 8(3)12 of the Illinois Workers' Compensation Act due to a below-the-knee amputation.

Case name: Kindred v. Wackenhut Corp., 17 ILWCLB 113
(Ill.W.C.Comm.2009).

Continue reading " Illinois employee loses PTD award despite amputation " »

The Illinois Workers' Compensation Commission modifies the arbitrator's decision in which he awarded 21 weeks of temporary total disability benefits for the worker's low back disability. Despite the recommendations set forth in a utilization review, the Commission found the defendant liable for the cost of a discogram and an intradiscal electrothermic therapy (IDET) procedure.

Case name: Garcia v. Executive Mailing Service, 17 ILWCLB 103 (Ill.W.C.Comm.2009).

Summary: Garcia injured his back while working as a forklift operator. His doctor indicated that an MRI revealed two small disc herniations while the employer's evaluating doctor opined that Garcia had small bulges but no herniations. He received a variety of treatments without any long-term benefits. The arbitrator awarded 21 weeks of temporary total disability benefits but denied certain medical expenses based on utilization reports. Pursuant to the utilization reviews, the arbitrator denied the cost of physical therapy after Feb. 25, 2008, transforaminal injections, IDET procedures, discogram and facet injections. However, the arbitrator found compensable the reasonable cost of evaluations, examinations, a lumber medial branch block, and other treatment. Upon review, the Commission modified the arbitrator's decision to require the defendant to pay for the discogram and IDET procedures.

The Commission noted that while utilization review reports are relevant, they are not intended necessarily to be dispositive. Rather, the reports should be treated as evidence to be assessed just like all other evidence. Also, the Commission found that the untilization review criteria regarding the recommended discogram and IDET procedure "may be a bit too strict." The utilization review appeared to discount IDET completely as a certifiable treatment because of the lack of precise proof of its efficacy. Also, the Commission noted that the basis for rejecting the discogram, because of the lack of "documentation of consistent and overwhelming evidence" of pathology, appears to be unduly rigid, as the discogram is primarily a diagnostic tool. It would be difficult to establish " consistent and overwhelming evidence" of pathology without a discogram.

The Appellate Court of Illinois, 1st District held that a worker's smoking did not rise to the level of an nitervening cause or sufficient injurious practice to warrant the denial of enefits even though the smoking may have been the cause of the worker's failed back fusions. However, the court reversed the Illinois Workers' Compensation Commission's award of penalties and attorney's fees as the emploeyr could reasonably rely on the opinion of the independent medical examiner.

Case Name: Global Products v. Hall, (IWCC), 17ILWCLB 98 (Ill.App.Ct., 1st 2009).

Continue reading " Illinois laborer wins benefits evn though his smoking contributed to failed back fusions " »

The Illinois Workers' Compensation Commission awarded TTD benefits for 25 weeks and $9,059 in medical expenses for the lineman's right leg injury. The Commission also found that he sustained permanent disability under Section 8(e) for the loss of 55% of the right leg, in addition to a previous loss of 20 %, for a total loss of 75% of the right leg.

Case name: Collins v. AT&T, 17 ILWCLB 101 (Ill.W.C.Comm.2009).

Summary: Collins was working as a lineman, doing installation and repair work, whe he fell and twisted his right knee. An MRI showed a tear of the medial meniscus with progression of chondromalcia in the medial knee compartment and a Baker's cyst. He underwent arthroscopic surgery. The postoperative diagnosis included right knee medial meniscal tear and chondromalacia. His symptoms continued after surgery and he underwent a second surgery. Collins reported signifcant pain relief, but there was still mild swelling in the right knee. Range of motion was limited. He was released to full activities and returned to his former job. He restified he notices pain in his rightknee when going up a ladder, standing, walking, getting out of bed in the morning, and getting in and out of his truck. Before his accident, he regularly worked voluntary overtime. Now he only works overtime when it is mandatory. He takes pain medication two to three times a day. Also, his productivity is down because he is working at a slower pace due to his right knee condtiion. When he has to climb a ladder, he does it by stepping up with the left leg and dragging the riight one up. He goes up stairs at home the same way. Collins had a prior work-related injury to his right leg which was settled for 20% loss of use pursuant to Section 8(e) for which the employer is entitled to a credit. Based on the evidence, the arbitrator found Collins sustained the permanent loss of his right leg to the extent of 55% as a result of the work accident. This loss, in addition to his prior loss of 20% of the right leg resulted in a total impairment of the right leg of 75%. Upon review, the Commission affirmed and adopted the decision of the arbitrator.

The Illinois Workers' Compensation Commission awarded benefits to a worker who suffered burns to 10 percent of his body in a work accident and susequently developed a staph infection.

Case name: Krems v. Ethyl Petroleum Addititives, 17 ILWCLB 84 (Ill.W.C.Comm.2009).

Krems, a general mechanic, sustained burns to his abdomen and both arms in a work accident. He was diagnosed with first- and second - degree burns to 10 percent of his body. Evidence indicated that Krems was a diabetic. He underwent two surgeries to clean the wounds and for skin grafts. More than six months after the accident, Krems returned to his doctor with a staph infection in the left elbow. He was hospitalized and treated with antibiotics. At issue was whether Krems' staph infection was causally connected to his work accident. The employer's examing doctor testified that Krems was suffering from septic olecranon bursitis and opined there was no relationship between the development of the condition and Krems' work accident. However, the doctor admitted that Krems diabetic condition made him more susceptible to the development of a staph infection after his work injuries. Based upon the testimony of Krems and the testifying doctors, along with the medical records, the arbitrator found Krems' work accident "might have been or could have been" a cause or one of the causes of the staph infection. Upon review, the Illinois Workers' Compensation Commission affirmed and adopted the arbitrator's decision.

Continue reading " Illniois Mechanic secures benefits for staph infection after more than 6 months. " »

In denying benefits, the Illinois Workers' Compensation Commission held that the employee failed to demonstrate good cause for a cointuance to obtain an independent medical examination.

Case name: Neal v. Rockford Memorial Hospital, 17 ILWCLB 91 (Ill.W.C.Comm.2009).

Neal alleged she suffered a repetitive trauma injury to her hands and wrists due to her cleaning duties for her employer. The arbitrator denied benefits. In affirming, the Illinois Workers' Compensation Commission clarified the issue regarding Neal's request for a continuance. The arbitrator heard the claim on May 15, 2008. Before any evidence was taken, Neal's attorney requested a continuance to obtain an IME. The employer's attorney objected because Neal's former attorney had represented, prior to the March 23, 2007, deposition of the employer's Section 12 examiner, that he did not intend to have Neal examined. Relying on Marks v. ACME Industries, in which the Commission held that the "hearing" referred to in Section 12 commences with the deposition of a treating doctor, the arbitrator denied Neal's request.

Continue reading " Dely in obtaining examination topples request for continuance " »