Illinois Workers Compensation Lawyer Blog

Based on the element of surprise due to the defendant's last-minute refusal to tender the Section 12 examination reports to the claimant, the arbitrator erred in denying the claimant's request for a continuance. Also, the Illinois Workers' Compensation Commission increased the arbitrator's permanent disability award from 10 percent to 50 percent loss of use of the right leg under Section 8(e)12 of the Ilinois Workers' Compensation Act.

Case name: Giunta v. Chicago, City of, 17 ILWCLB 140 (Ill.W.comm. 2009).

The arbitrator awarded Giunta permanent disabilty benefits under Section 8(e)12 for 10 percent loss of use of the right leg. On appeal, the Illinois Workers' Compensation Commission found that the arbitrator erred in denying Giunta's request for a continuance

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Based on the element of surprise due to the defendant's last-minute refusal to tender the Section 12 examination reports to the claimant, the arbitrator erred in denying the claimant's request for a continuance. Also, the Illinois Workers' Compensation Commission increased the arbitrator's permanent disability award from 10 percent to 50 percent loss of use of the right leg under Section 8(e)12 of the Ilinois Workers' Compensation Act.

Case name: Giunta v. Chicago, City of, 17 ILWCLB 140 (Ill.W.comm. 2009).

The arbitrator awarded Giunta permanent disabilty benefits under Section 8(e)12 for 10 percent loss of use of the right leg. On appeal, the Illinois Workers' Compensation Commission found that the arbitrator erred in denying Giunta's request for a continuance

Continue reading " Element of surprise entitles Illinois Workers a continuance " »

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The 7th U.S. Circuit Court of Ap-peals held that the dismissal of an employee's suit against this former employer for injuries he sustained to his back was an appropriate sanction for the employee's misconduct throughout the case.

Case name: Negrete v. National Railraod Passenger Corp. (Amtrak), 16 ILWCLB 211 (7th Cir. 2008).

Negrete, a former track-repair worker for Amtrak claimed that a work related back injury left him permanently disabled and unable to work. The U.S. District Court, Northern District of Illinois dismissed his lawsuit against Amtrak on the grounds that he had "intentionally flouted discovery deadlines, hidden and tampered with evidence and lied in his deposition." The 7th Circuit found that dismissal of the suit was an appropriate sanction under the circusmtances. Negrete's misconduct, which the 7th Circuit described as "appalling" included withholding names of physicians who had treated him for his injury, tampering with medical evidence, grossly understating rental income he received, misrepresenting his physical abilities, and missing 21 discovery deadlines. In response to Negrete's allegation that he was uneducated the 7th Circuit stated, "It does not take a graduate degree to understand that it is unacceptable to hide evidence and lie in a deposition."

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The Illinois Workers' Compensaiton Commission held that the decedent's child was enrolled in an accredited education institution at the time of the decedent's death. Therefore, he was entitled to death benefits until the registration deadline for the first semester in which he was no longer attending school.

Case name: Vasquez v. Hospira Inc., 16 ILWCLB 210 (Ill.W.C.Comm.2008).

Vasquez died as a result of an accident arising out of and in the course of his employmnet. He had three children. All were at least 18 years of age at the time of his death. The arbitrator found that the decedent's widow failed to prove that the oldest child was enrolled as a full time student in an accredited educational institution at the time of his father's death. The arbitrator concluded that pursuant to Section 7(a) of the Illinois Workers' Compensation Act., the decedent's widow was entitled to receive death benefits from July 2, 2004, through Sept. 5, 2004, the day before her remarriage, or a total of 9-3/7 weeks. Thereafter, as the decedent had no minor children nor any children under the age of 25 enrolled as a full time student at an accredited educational institution, she was entitled to receive a lump sum payment equal to two years of compensation benefits, or $52,404.56

Continue reading " Illinois Workers' Compensation Commission modifies decision regarding child's entitlement to death benefits " »

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The Illinois Workers' Compensation Commission reversed the arbitrator's decision and found that an employer/employee relationship existed between the claimant and defendant and that the claimant was entitled to temproary total disabillity benefits and reimbursement for medical expenses.

Case name: Diaz v. Supreme Catering Co., 17 ILWCLB 118 (Ill.W.C.Comm.2009).

On May 16, 2005, Diaz was injured while driving a catering truck for the defendant. The defendant's business included leasing, supplying and maintaining catering trucks, as well as vending machine sales and service. More than 80 people drove catering trucks for the defendant, and the defendant employed three supervisors to oversee the drivers. The defendant contended that it was not liable for benefits because Diaz worked as an independent contractor, not an employee. Relying on case law and Diaz's credible testimony, a Commission majority held that an employment relationship existed between the parties and the defendant was liable for benefits. Although the defendant paid Diaz no wages, the Commission found this fact, alone, was insufficient to negate the impact of the significant control the defendant exercised over Diaz.

Continue reading " Control over Illinois catering truck driver provides convincing evidence of employment relationship " »

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The Illinois Workers' Compensation Commission modified the arbitrator's average weekly wage calculation and otherwise affirmed and adopted the decision of the arbitrator. The arbitrator failed to include the claimant's sick/vacation/holiday pay and erroneously included overtime earnings beyond the two hours per day as required under the bargaining agreement.

Case name: Aldridge v. Yellow Freight Systems, 17 ILWCLB 124 (Ill.W.C.Comm. 2009).

Aldridge, a truck driver the for the defendant, injured his rightknee when he slipped and fell on ice that had accumulated on the steps of his truck door. In reviewing the arbitrator's average weekly wage computation, the Commisison found that the arbitator failed to include Aldridge's 210 ourse of sick/vacation/holiday pay and erroneously included overtime earnings beyonw the two hours per day as required under the bargaining agreement between the defendant and the local union. Although the wage statement indicated a total of 594 overtime hours, the Commission found only 387 hourse should be included in the calculation of Aldridge's average weekly wage.

Continue reading " Bargaining agreement provides limits on amount of overtime included in an average weekly wage " »

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