Illinois Workers Compensation Lawyer Blog

The Illiois Workers' Compensation Commission awarded temporary total disability for 29 &1/7 weeks, permanent partial disability for 17% loss of use of the right arm under Section 8(e), and medical expenses of $15,907.62 to an employee who fell while descending her employer's staircase during a cigarette break.

Case name: Larsen v. Lee Auto Parts, 16 ILWCLB 129 (Ill.W.C.Comm.2008).

Larsen, an accountant, worked in a second floor office in the defendant's building. The defendant established a designated area in the building where employees were permitted to smoke. This area was on the first floor in the "will call" section of the premises.

On the day of the accident, Larsen was very busy preparing the fiscal year end reports for the auditors. The fiscal year had ended two days earlier. Larsen took a break to go to the designated smoking area to have a cigarette. She was hurrying down the only stairway from the second floor offices to the first floor when she greeted a coworker going up the stairs.

Continue reading " Illinos Accountatn's injuries due to misstep during cigarette break warrants benefits " »

The Illinois Workers' Compensaiton Commission ordered the defendant to pay 180 weeks of temporary total disability benefits to a claimant who suffered a work-related back injury.

Case name: Zendejas v. J&J Brothers Construction, 17 ILWCLB 162 (Ill.W.C.Comm.2009).

Zendejas sustained injuries in a work-related accident. He underwent surgery Nov. 7, 2005, in which the surgeon removed an extended disc fragment from Zendeja's lumbar spine. The arbitrator awarded temporary total disability benefits from Dec. 7, 2004, through Jan 15, 2007. The arbitrator found Zendejas could not receive ongoing TTD benefits because the defendant's Section 12 examiner determined that Zendejas had reached maximum medical improvement.

Continue reading " Illinois workers status as illegal alien does not block ttd award " »

The Illinois Worker's Compensation Commission awarded wage loss benefits pursuant to Section 8(d)1 of the Illinois Workers' Compensation Act to an airlines attendant who suffered injuries in two work-related accidents.

Case name: Thompson v. United Airlines, 17 ILWCLB 160 (Ill.W.C.Comm.2009).

Thompson, a flight attendant who worked a flight between Washington, D.C., and Frankfurt, Germany, sustained several injuries due to two work-related accidents. Thompson sought wage loss benefits pursuant to Section 8(d)1. The arbitrator found that Section 8(d)1 was the appropriate remedy since Thompson had attained a prestigious and responsible position of purser, or first flight attendant on a major international carrier. She flew mostly international trips and earned an average weekly wage of $1,044.18 in the year before the second accident.

Continue reading " United Airlines flight attendant lands wage loss award " »

The Illinois Workers' Compensation Commission affirmed the arbitrator's decision denying benefits to a claimant for an alleged disability. The arbitrator correctly refused to admit into evidence the claimant's uncertified medical records and bills.

Case name: Remer v. Yellow Check Cab Co. d/b/a Lincoln Cab 17ILWCLB 59 (Ill.W.C.Comm.2009)

Remer appealed the arbitrator's decision which found, amnog other things, that Remer's medical records and bills were not admissible. The medical records Remer sought to admit into evidence were not certified by the providers. Unless the parties stipulate to the admission of uncertified medical records, they are not admissible. Section 16 of the Illinois Workers' Compensation Act provides that there shall be a rebuttable presumption that any medical records, reports and bills receeived in response to an Illinois Workers' Compensation Commission subpoena are certified as true and correct. In this case, Remer had uncertified medical records and bills and subsequently sent supboenas to the providers. Remer then claimed the rebuttable presumption because he sent those subpoenas. The Commission found that Remer failed to prove the medical records and bills were received in response to the Commission subpoenas, and therefore, there was not rebuttable presumption that the records were true and correct.

Accordingly, the arbitrator correctly refused to admit the medical records and bills. Also, the arbitrator correctly found that without the medical records and bills in evidence, there wa sno basis to find causal connection, extent of temporary total disaiblity, medical expenses, or permanency.