Illinois Workers Compensation Lawyer Blog

The Illinois Workers' Compensation Commission vacated the arbtriator's decision awarding penalties to the claimant under Sections 19(k) and 19(I) of the Illinois Workers' Compensation Act.

Case name: Treadway v. Munch's Supply Co., 17 ILWCLB 58 (Ill. W.C.Comm.2009).

Treadway was working as a truck driver for the employer when he twisted his right ankle and injured his right knee. He was diagnosed with a right ankle and knee sprain and was treated with pain medication. After cointinuing complaints of pain and discomfort, Treadway was diagnosed with complex regional pain syndrome (CRPS) in the right ankle. Based on the testimony of two examining doctors, the defendant stopped paying for Treadway's treatment. However, the arbitrator ordered the defendant under Section 8(a) to pay for the reasonable and necessary medical care prescribed for CRPS, and arthroscopic knee surgery.

Continue reading " Illinois employer's reliance on medical opinion nixes assessment of penalties " »

The Illinois Workers' Compensation Commission vacated the arbitrator's award of temporary total partial disaiblity benefits and, instead, found the claimant entitled to temporary total disaiblity benefits for the periods he was off work, and maintenance benefits for the period when he performed light-duty work for the employer.

Case name: Fox v. Ketterman Communications, 17 ILWCLB 57 (Ill.W.C.Comm.2009).

Fox, a satellite dish installer, was working at a job site Feb. 28, 2003, when he fell from a 15 foot ladder onto a brick patio, landing on his left ankle. As a result of the fall, Fox suffered a left calcaneus fracture. On June 27, 2003, Fox returned to light-duty work as a dispatacher. The job involved answering phones, transcribing information, and working on the computer. As a dispatcher, her earned less wages.

Continue reading " Illinois satellite dish installer secures benefits " »

The Illinois Workers' Compensation Commission held that a factory worker's injury while tiwsint his body arose out of and in the course of his employment. As a result of his injury the worker was entitled to 20 weeks of temporary total disability benefits.

Case name: Ortiz v. Rail exchange, 17 ILWCLB 50 (Ill.W.C.Comm.2008).

Ortiz made parts for railraod engines. His duties included reaching to his left for a bar, placing it on a press, removing the bar, hammering it three times, and reaching forward over his work table to place the finished bar onto a cart. He would then turn quickly to his left to obtain another bar from the forge operator. He completed this cycle five times per minute. Ortiz explained that he has to turn quickly to keep up with the pace of production.

Continue reading " Illinois assembly worker has compensable claim for twisting injury " »

The Illinois Workers' Compensation Commission denied a claimant's request for surgery involving an artificial disc replacement.

Case name: Warner v. Kewanee Hospital, 17 ILWCLB 175 (Ill.W.C.Comm.2009).

Warner, a nurse at the defendant's hospital, injured her back while helping to lift an unresponsive patient froma a vehicle. She underwent a course of injections for discogenic pain. However, because she reported only minimal relief from the injections, her doctor recommended an artificial disc replacement, which if denied by insurance coud be substituted with a fusion.

The arbitrator denied Warner's request for surgery. Based on Warner's lack of credibility, in addition to an opioid dependence, insignificant MRI findings, and lack of other objective findings to support her objective complaints, the arbitrator concluded that Warner was not a surgical candidate and denied any additional treatment. Upon review, the Illinois Workers' Compensation Commisison affirmed and adopted the decision of the arbitrator.