Illinois Workers Compensation Lawyer Blog

The Illinois Workers' Compensation Commission held that the claimant was entitled to benefits for injuries sutained while attending the employer's holiday bowling party.

Case name: Bougart v. Capmark Financial Inc., 17 ILWCLLLLB 120 (Ill.W.C.Comm.2009)

Bougart, an assistant vice president for the defendant, was injured during a Christmas bowling party. In awarding benefits, the arbitrator found Bougart credibly testified that she received subtle pressure to attend the event. The arbitrator also relied on the testimony of two coworkers in finding that attendance at the party was encouraged and, at the very minimum, there was subtle pressure to attend. Furthermore, the arbitrator determined that the defendant derived a benefit from having the party. Based on this evidence, the arbitrator found Bougart's injury arose out of and in the course of her employment.

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The US district Court, Northern District of Illinois granted the defendant's motion for summary judgment. The plaintiff presented no genuine issue of material fact that the stated reason for his termination was pretextual.

Case name: Gacek v. American Airlines Inc., 17 ILWCLB 128 (N.D. Ill. 2009).

Gacek, a fleet service clerk for the defendant-airlines, injured his finger while unloading baggage. He was diagnosed with a sprained finger and released to light dtuy with a splint. The next week. Gacek called in sick with the flu for three consecutive days. He was subsequently terminated for misrepresentign the facts surrounding his sick calls. In October, 2008, Gacek filed a claim for workers' compensaiton benefits. Gacek then filed the instant suit against the defendant, claiming he was fired for exercising his rights under the WCA. The District Court granted summary judgment in favor of the defendant, as Gacek failed to establish that the exercise of his workers' compensation rights caused his termination.

Continue reading " Illinois worker fails to establish case of retaliation " »

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The Illinois Workers' Compensation Commission held that the claimant was permanently totally disabled as a result of
post-traumatic stress disorder and several other mental conditions that developed as a result of a physical attack by a patient.

Case name: Keithley v. Illinois Depart. Of Human Services, 16 ILWCLB 207 (Ill.W.C.Comm. 2008)

Keithley was attacked by a patient, resulting in sirgery for right rotator cuff tear, labral tear, and distal clavicle resection. Keithley was also diagnosed with post-traumatic stress disorder, anxiety, agoraphobia, and panic attacks. Keithely subsequently moved to a remote area in Arkansas because of her agoraphobic symptoms. She began worknig as a Medicare review nurse. Keithley testified that her job duties removed her from contact with patients except for her passage through nursing homes. While in Arkansas, Keithley was walking through a nursing home when an elderly resident innocently reached ou to touch Keithley.

Continue reading " Illinois workers' refusal to obtain treatment for mental disability fails to undermine PTD award " »

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The Illinois Workers' Compensation Commission denied benefits to a police offcer who injured his knee while stepping off an escalator after testifying at court, as there was no increased risk of injury.

Case name: Goniwicha v. Naperville Park District, 16 ILWCLB 200 (Ill.W.C.Comm.2008).

Goniwichia, a police officer, appeared at the county courthouse to testify at a trial on behalf of the defendent. After he testified and was excused from the court room, Goniwicha took an escalator to a lower floor. When he reached the landing, he stepped, turned, and experienced pain in his right knee. He testified that his right foot "caught" on something. He under went medical treatment, including arthroscopic surgery. He further testified that prior to this incident, he had previous surgery to this right knee.

Evidence indicated that the escalator was in an area open to the general public. Goniwicha explained that there was no defect with the escalator or landing. Further, there was no evidence that the defendant required him to hurry down the escalator.

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The Illinois Workers' Compensation Commission awarded benefits to a claimant who suffered significant cardiac problems, including two myocardial infarctions, after inhaling ethylene oxide at work. The Illinois Workers' Compensation Commission ordered the defendant to pay 17-1/7 weeks of temporary total disability, permanent disability under section 8(d)2 for the loss of use of a person as a whole to the extent of 30 percent, and $30,560 for medical expenses.

Case name: Fitzpatrick v. IBA Griffith, 16 ILWCLB 203 (Ill.W.C.Comm. 2008).

Fitzpatrick worked as a team leader/operator for a company that sterilizes medical instruments. The instruments were placed in a chamber. The chamber would then be filled with sterliziing agents, including steam and ethylene oxide. Ethylene oxide can cause breathing difficulties and pulmonary edema. On July 27, 2000, Fitzpatrick, entered a chamber that had exhaust system problems. Also, the hose connecting Fitpatrick's face mask to a filitration device became disconnected. Fitzpatrick noticed a burning sensatoni in his lungs and, soon after, blacked out and required V-fibulator treatment twice.

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The Illinois Workers' Compensation Commission awarded the worker permanent disability to the extent of 5 percent of the person as a whole under Section 8(d)2 of the Illinois Workers' Compensation Act. However, the arbitrator limited the medical treatment award based on the worker's failure to prove that certian pain treatment was reasonable, necessary and related to the work accident.

Case name: Calabrese-Simplicio v. St. Alexis Hospital, 17 ILWCLB 115 (Ill.W.C.Comm.2009).

Continue reading " Illinos worker's "doctor shopping" blocks benefits " »

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