Illinois Workers Compensation Lawyer Blog

A psitive drug test administered the day after the claimant's work accident is not a proper basis for the employer to deny benefits because it is not evidence that the claimant was impaired on the date of the accident.

Ruling: The Illinios Workers' Compensation Commission affirmed the arbitrator's decision awarding temporary total disability benefits to an Illinois worker even though the worked failed a drug test, as there was no evidence the worker was impaired on the date of the accident. In addtion, the recent holding in Interstate Scaffodling also supported the finding that the worker's termination was a not a basis to stop TTD.

Case name: Nicholson v. PTO Services, 19 ILWCLB 82 (Ill.W.C.Comm. 2011).

Summary: Nicholson alleged he sustained accidental injuries to his lower back at work while lifting a case of canned pineapples. While waiting to be taken to the clinic for medical treatment, Nicholson testified that he had a conversation with his supervisor and coworkers in their office where he jokingly made inapppropriate comments regarding paychecks that were being returned for insufficient funds. He was escorted out of the premises instead of being transported to the company clinic.

The next day, the employer authorized Nicholson to receive treatment and undergo a drug test. Nicholson was released to light-duty work, which was denied by the defendant. The drug test subsequently came back positiive. Based on the positive drug test, Nicholson was terminated from his employment.

Continue reading " Positive drug test, termiantion from employment fial to block benefit award " »

The Illinois Workers' Compensation Commission held that the claimant's injruies, sustained when he fell on his lunch break after leaving the facility to go home, but while on the employer's property, did not arise out of and in the course of his employment.

Case name: Tillery v. McLean County Nursing Home, 19 ILWCLB 67 (Ill.W.C.Comm. 2011).

Tillery, an employee at the defendant's nursing home, testified that he had checked out for lunch and was heaing home to pick up a doctor's slip for an appointment he had in the future. He was leaving the facility on his bike on a paved road when he was startled by a rabbit. He swerved his bike and fell. Tillery then testified that the nursing home is located in the vicinity of a park and, therefore, the necessity of swerving to avoid a rabbit is an occurrence that arises out of his employment. In denyng benefits, the arbitrator noted that upon review of the pictures of the area, Tillery agreed that the park is on the opposite side of the building from where Tillery fell. The entire complex of the nursing home building, plus the hursing home parking lot separates the location of the injury from the park. In fact, on the opposite side of the defendant's property, there is a commercial location that used to be a grocery store. Based upon all of these facts, the arbitrator found Tillery did not face a greater risk of injury than the general public after being startled by a rabbit. Therefore, Tillery failed to prove an injury arising out of and in the course of his employmnet.

Upon review the Illinois Workers' Compensation Commission affirmed and adopted the decision of the arbitrator.

The Occupational Safety and Health Administration (OSHA) has partnered with Ford Motor Co., the United Automobile, Aerospace and Agricultural Implement Workers of America and Automotive Component Holdings LLC and the Michigan Occupational Safety and Health Administration, to prevent work related injuries, illnesses and deaths at Ford Moto Co., plants in Michigan, Ohio, Illinois, Missouri and New York.

OSHA works with employers, employees, trade associations and labor organzations through its Strategic Partnership Program to establish programs, strategies and to set specific gouals to improve worker health and safety.

Illinois Workers Compensation Commission modified the arbitrator's decision to increase the award of Temporary Total Disability (TTD) benefits. Rather than terminating the TTD award on Dec. 8, 2008, the Illinois Workers' Compensation Commission extended benefits through April 17, 2009.

Case name: Fraley v. Favorite Health Care Staffing, Inc. 19 ILWCLB 39 (Ill.W.C.Comm. 2010)

Summary: Fraley suffered a work injury to the cervical spine Oct. 25, 2007, while lifting a patient. She bent over and heard a pop. She was origninally diagnosed with a back sprain, but subsequent tests revealed neural impingement and cervical radiculopathy. After unsuccessful attempts with conservative therapy, Fraley's doctor recommended a cervical diskectomy and fusion. The arbitrator awarded TTD through Dec. 8, 2008, along with medical expenses. Upon review, the Commission increased the TTD award to extend through April 17, 2009.

Continue reading " Illinois employer's job offer does not justify cutting off TTD benefits " »

The Illinois Workers' Compensation Comission held that the claimant failed to prove relationship betweenher alleged complex regional pain syndrome (CRPS) and a work accident

Case name: Skidmore v. Walgreens, 19 ILWCLB 37 (Ill.W.C.Comm.2010)

Summary: Skidmore struck her left wrist on a metal divider at work. She was diagnosed with a ganglion cyst and underwent a surgical excision. After surgery, she felt severe pain, and her wrist was swollen and bruised. As her symptoms continued her doctor provided a diagnosis of complex regional pain syndrome (CRPS). The arbitrator awarded temporary total disability benefits and ordered the defendant to pay for an electromyogram/nerve conduction velocity. Upon review, the Illinois Workers' Compensation Commission held that Skidmore failed to prove a causal relationship between her alleged CRPS and her work accident.

The Illinois Workers' Compensation Commisison explained that the medical community has created a list of classical/observable signs of relfex sympathetic dystrophy/CRPS, including redness, hair loss, and tempearature change. Skidmore's presentation did not fit the classic litmus test that has been established. At most, Skidmore demonstrated subjective complaints of pain and sensitivity to touch, most of which occurred shortly after ther surgery, as well as a temperature change noted only once by a doctor. Given that this condition is often misdiagnosed, that Skidmore did not demonstrate the classic, identifiable objective signs that are elements of this diagnosis, and that there was only Skidmore's subjective complaints to base a a diagnosis with no accompanying atrophy, which results from the long-term condition, the Illinois Workers' Compensation Commission found that Skidmore failed to prove a causal relationship between the CRPS and the work accident.