Group health carrier's payment of medical expenses tolls Illinois workers' comp statute
Payments by a group health carrier that qualify under the Illinois Workers' Compensation Act Section 8(j) constitute payments of compensation within the meaning of Section 6(d).
Case name: Ruberstell v. US Foodservice, 17ILWCLB 209 (Ill.W.C.Comm.2009)
The Illinois Workers' Comensation Commissioin remanded the case to the arbitrator to determine whehter payments of medical expenses by Ruberstell's group health carrier qualified as being made pursuant to the Illinois Workers' Compensation Act Section 8(j). As the manifestation date of the injury was determined by the Illinois Workers' Compensation to be Jan.16, 1998, Ruberstell would have had to file his application by Jan. 16. 2001, unless he filed the claim within two years from the date of the last payment of compensation related to his injury.
Ruberstell filed his application for benefits Dec.12, 2001. By stipulation of the parties, treatment was rendered on Ruberstell's back and neck, which were the subject of the arbitrator's finding of permanent total disability. It was further stipulated that bills were paid by the employer through company insurance and paid for by the company well past Dec., 12, 1999. In finding the statute of limitations tolled, the arbitrator relied on the appellate court's decision in Legris v. Industrial Commission. The arbitrator found this case dispositive for the propostion that payments by the group health carrier that qualify under Section 8(j) constitutes payment of compensation within the meaning of Section 6(d). Legris held that medical payments are compensation for determining the tolling of the statute of limitations. Compensation under the language of Section 6(d) extends the time for filing to two years after payment of that compensation. Therefore, even under the amended manifestation date of injury found by the Commission the filing was timely. Under the authority of Legris, the filing of the claim on Dec. 12, 2001, was within two years from the date of last payment of compensation and therefore timely for the purposes of the statute of limitations.
Upon review, the Illinois Workers' Compensation Commission affirmed and adopted the arbitrator's decision.
