Illinois Workers' Compensation Commisison requires further information before approving house addition
When a wheelchair-bound claimant has been functioning in his home for several years and then requests major modifications or an addition to his home, he must provide evidence why the change is now necessary and explain whether the change is related to his condition form the work injury.
Case name: Foster v. Teamsters Local No. 347, 16 ILWCLB 138 (Ill.W.C.Comm. 2008).
Foster suffered severe injuries in a work accident, resulting in paralysis of the lower extremities and mental incapacity form a brain injury. He was restricted to a wheelchair. He was previously awarded benefits. The instant action involved Foster's request to make modifications to his existing home so that he could increase his mobility, improve the overall quality of his life, and provide his caregivers more room to address daily needs such as bathing, dressing and grooming. The arbitrator awarded Foster $96,000 for remodeling his residence. Upon review, the Illinois Workers' Compensation Commission remanded the decision to the arbitrator to take further evidence to validate the need for the addition.
The Illinois Workers' Compensation Commission explained that it was clear there had been some work previously done at Larson's home, includnig widened doorways and modifications to the bathroom for accommodation. However, those changes did not address the fact that the existing home, given Larsen's size and deteriorating condition, and narrow halls, obviously could not be widened. What is not clear is what has now changed with Larsen that he now requies such further modifications for the home as he has functioned there for some time since the prior modifications. It is not clear whether there has been a recent weight gain that now makes mobility more difficult and, if so, whether the weight gain is related to his condition from the work injury. Therefore, further evidence is required to validate the need for the addition.
