Illinois Workers Compensation Lawyer Blog

The Illinois Workers' Compensation Commission vacated the arbitrator's award of wage differential benefits under Section 8(d)1 of the WCA, and rejected the worker's contention that he was entitled to permanent total disability benefits. The Commission found a permanency award was premature, and instead the worker should pursue vocational rehabilitation in the form of a suitable retraining program. Also, the worker was entitled to maintenance while engaged in vocational rehabilitation.

Case name: Wise v. Maine Township HSD No 207, 17 ILWCLB 220
(Ill.W.C.Comm.2009)

Based on the testimony of a vocation rehabilitation consultant, the arbitrator found Wise was not entilted to an award of permanent total disability under Section 8(f). The consultant found there was a stable labor market for Wise with potential earnings between $8 and $10 per hour. The arbitrator found Wise was in good physical condition after the work injury, was capable of performing medium-level work, and was no longer under medical care. The arbitrator also found that Wise could earn after the injury. The arbitrator denied permanent total disability benefits and awarded wage differential benefits under Section 8(d)1.

Continue reading " Illinois workers' permanency award deemed premature; vocational rehab more appropriate " »

The Illinois Workers' Compensation Commission affirmed the aribtrator's decision awarding permanent disability benefits under Section 8(d)2 to a coal miner who worked underground for 20 years.

Name: Biggs v. Monterey Coal Co., 17 ILWCLB 217 (Ill.W.C.Comm.2009)

Biggs worked for the defendant for more than 20 years underground as a repairman. He was regularly exposed to coal and rock dust during his mining career. On December 4, 2002, his last day of mining, he left his job due to a nonwork-related shoulder injury. He testified that his breathing problems began in the 1980's. He would become short of breath and spit up black material while coughing. In addtion to his expsoure to rock and coal dust, Biggs testifed that he was exposed to welding gases, solvents and smoke from fires. He also had a history of smoking one pack of cigarettes per day since he was 18 years old. He quit smoking the 1980s.

Continue reading " Illinois coal miner's lung conditions warrant benefits under WCA " »

The Illinois Workers' Compensation Commission denied benefits to a worker who was injured during an employer-sponsored charity bowling event. The worker failed to prove by a preponderance of the evidence that she was injured in an accident that arose out of and in the course of her employment

Case name: Cramer v. Viacom Outdoor, 17 (ILWCLB 225 (Ill.W.C.Comm 2009).

Cramer, a sales assistant for the defendant, fractured her left arm at an employer-sponsored charity bowling event when she slipped and fell on a bowling lane. Cramer had workerd at the office until 1:30 p.m. and then departed for the event a a local bowling alley.

She was paid her regular wages for the time she attended the event. Evidence was presented by the defendant that if Cramer had not attended, she still would have been paid her regular wages, provided she performed her regular office duties.

Cramer testified that she felt pressured to attend the event. The human resources manager testified that employees were not ordered or assigned to attend the event. The arbitrator denied benefits pursuant to Secion 11 of the Illinois Workers' Compensation Act.

Continue reading " Illinois workers strikes out in attempt to obtain benefits for injury at bowling event " »

The Illinois Workers' Compensation Commisison held that a worker's injuries sustained when she fell while wlaking down a hallway did not arise out of her employment. The worker failed to prove that her fall was caused by a substance on the floor, a defect, or any other possible explanation.

Case name: Goolsbey v. Rockford Memorial Hosptial, 17 ILWCLB 224 (Ill.W.C.Comm.2009)

Goolsby, a hospital employee, testified that she was walking down a hallway shen she suddenly fell. Two visitors were walking in front of her at the time and came back to assist her. Goolsby testified that it felt like her foot caught on something. She does not know which foot got sutck. She testified that she was not rushing at the time of the incident, she did not know what caused her to fall, and she did not notice anything that would have caused her to fall.

A couple of weeks after the incident she went back to look at the area to determine what could have caused the incident. She testified that there appeared to be dimpling of the tile in the area where she fell and believed this could have caused her accident. The hallway was open to the general public. A nurse testifed that she came to assist Goolsby immediately after the fall and did not see any subtance on the floor or defect in the surface of the floor.

Continue reading " Rockford hospital worker can't secure bnenefits for wipeout in hallway " »