Illinois Workers Compensation Lawyer Blog

where recreation is inherent in a claimant's job position, such as a fitness supervisor, and the claimant is injured while participating in a recreational event and while attempting to accommodate the employer's customers, Section 11 of the Illinois Workers' Compensation Act does not bar the claimant's application for workers' compensation benefits.

Case name: Elmhurst Park District v. IWCC (Murphy), 17 ILWCLB 167 (Ill.App.Ct., 12st 2009).

Murphy, a fitness supervisor at a facility operated by the park district, injured his leg while playinng in a game of wallyball at work during his shift. The game was part of the defendant's wallyball league, and the participants were paying customers. Murphy testified that a coworker insisted that Murphy participate in the game, as they would not have enough players without Murphy.

The defendant argued that Section 11 of the Illinois Workers' Compensation Act barred Murphy's injuries because the accident occurred while Murphy was participating in a voluntary recreational program.

Continue reading " Illinois workers' injuries is not blocked by Section 11 of the Ilinois Workers' Compensation Act " »

The Illinois Workers' Compensation Commission affirmed the arbitrator's findings that an employee's knee twisting injury in the parking lot arose out of and in the course of her employment. The employee was entitled to 48 weeks of temprorary total disability, permanent partial disability under Sections 8(d)2 and 8(3) and $2,245.29 in medical expenses.

Case name: Sims v. Grand Prairie Transit-Lockport, 17 ILWCLB 168 (Ill.W.C.Comm.2009).

Sims, a road supervisor and bus driver for the defendant, testified that she drove into the company parking lot 5 to 10 minutes before the start of her 6:00 a.m. shift. The lot was for employees only, and the defendant maintained the lot. The surface of the lot included large rocks and loose gravel. She stepped out of her car and turned back toward the vehicle to grab her coffee. Her foot became caught on a large rock, and she twisted her left knee. Relying on Doyle v. Industrial Commission, and Mores-Harvey v. Industrial Commission, the arbitrator found Sims' accident compensable under the WCA

Upon review, the Illinois Workers' Compensation Commission modified the permanent disability award and affirmed on all other issues.

An employee's injuries sustained whe she was assaulted outside her employer-restaurant before the start of her shift, arose out of and in the course of her employent, where evidence indicates she is regularly subjected to the employer's poor lighting while walking from the parking lot to the restaurant. Therefore, the employee may not bring a common-law action against her employer.

Case name: Lawson v. Schmitt Boulder Hill Inc., 17 ILWCLB 233 (Ill.App.Ct., 2nd 2010)

Lawson, a restaurant employee, arrived at work just before 6:00 a.m. and before entering the restaurant she was robbed, abducted and assaulted. She filed a two-count complaint against her employer, a restaurant owner, and the franchisor, alleging that her injuries were proximately casued by the defendants' negligence. The employer moved to dismiss based on the exclusive remedy provision of the Illinois Workers' Compensation Act. The franchisor also moved to dismiss, arguing that it owed no duty to Lawson.

The trial court granted both motions. The appellate court affirmed the dismissal of Lawson's claim against the employer but reversed the dismissal of the claim against the franchisor.

Continue reading " Illinois plaintif can't overcom Section 5(a) barrer to negligence claim against employer " »

The Illinois Appellate Court reversed the Circuit Court's order granting the defendant's motion to dismiss the plaintiff's negligence suit. The plaintiff was not estopped from seeking civil damages because she received workers' compensation benefits.

Case name: Reed v. White d/b/a Harris Farms, 17 ILwCLB 232 (Ill. App. Ct., 5th 2010).

Reed was injured when her vehicle crashed into a tractor and farm implement being driven by her husband. The farm implement was so wide it extended over the centerline of the road. At the time of the accident, Reed was on her way to drop off tools at her husband's employer, a farm. Reed was also an employee at the farm but was not scheduled to work on the day of the accident. After the accident, the farm voluntarily paid temporary total disaility benefits and medical bills

Reed filed a two count complaint against her husband and his employer, alleging negligence and vicarious liability against the employer. Reed also filed an application for benefits under the Illinois Workers' Compensation Act. The defendants filed a motion to dismiss the civil suit, contending that Reed was precluded from a civil recovery pursuant to the doctrine of judicial estoppel and the exclusivity provision of the Illinois Workers' Compensation Act. The trial court granted the motion. However, the appellate court reversed and remanded the case.

Continue reading " Illinois plaintiff's filing of a claim under the Illinois Workers' Compensation doesn't bar negligence claim " »