Illinois Workers Compensation Lawyer Blog

The Illinois Industrial Commission modified the arbitrator's decision by vacating an award for maintenance benefits. The claimant railed to meet his burden of proving he conducted a diligent self-created an directedjob search entitling him to maintenance benefits under section 8d(a) of the Illinois Workers' Compensation Act.

Case name: Kane v. Arcelor Mittal Steel, 19 ILWCLB 116 (Ill. W.C. Comm. 2011).

What it means. A diligent self-created and directed job search could be considered vocational rehabilitation within the meaning of Section 8d(a) of the Illinois Workers' Compensation Act, thus entitlling the claimant to maintenance benefits. Where the claimant fails to introduce any documentation substantiating his job search, and his testimony is vague, he has not satisfactory established he conducted the requisite job search. Accordingly, the claimant is not entitled to maintenance benefits.

Continue reading " Illinois electrician's lack of documentation of job search short-circuits claim " »

Ruling: The Illinois Workers' Comepnsatin Affirmed the arbitrator's award of temporary total disability benefits for a period after the claimant's termination from employment. However, the Commission vacated tTD after the claimant refused to perform light-duty work. Also, the Commission vacated the arbitrator's assessment of a $10,000 penalty under Section 19(l) of the WCA.

Case name: Ramsey v. Menard's Distribution Center, 16 ILWCLB 216 (Ill. W.C. Comm. 2008).

Summary: Ramsey was working for the defendant as a mechanic on Dec. 6, 2004, when he injured his left knee while performing maintenance ona forklift. He underwent surgery, injections and physical therapy. In Septembe 2005, the defendant termianted Ramsey after he refused to perform light-duty restricted work. He last saw his doctor April 12, 2006. Ramsey subsequently began working as a mechanic for another employer.

The arbitrator awarded temporary total disability benefits from March 22, 2005, through April 21, 2005, and from Sept. 24, 2005, through April 12, 2006. Also, the arbitrator assessed a Section 19(l) penaltiy of $10,000 for non-payment of TTD from Sept. 24, 2005, through Dec. 28, 2005.

Upon review, the Illinois Workers' Compensation Commission vacated the award of TTD from Jan. 5, 2006 through April 12, 2006. The Commission also found the Section 19(l) penalty not warranted.

On appeal, the defendant argued that Ramsey was not entitled to TTD from sept. 24, 2005, through april 12, 2006, because the defendant offered him light-duty work within his restrictions. The Commission determined that Ramsey was entitled to TTD through Jan. 4, 2006. The medical records showed that at the time of Ramsey's termination in September 2005, he was still on restricted duty. In fact, the defendant's own Section 12 examiner opined on Aug. 1, 2005, that Ramsey should be on restricted duty for another six to eight weeks.

However, the Illinois Workers' Compensation Commission agreed with the defendant that Ramsey was not entitled to TTD after Jan. 4, 2006. In Freeman United Coal Mining Co. v. Industrial Commission, the Illinois appellate court acknowledged that to be entitled to TTD, the claimant must prove not only that he did not work, but also that he was unable to work. In this case, Rmasey was able to work, albeit on restricted duty On Dec. 28, 2005, the defendant asked Ramsey to return to light-duty work beginning Jan. 5, 2006. Because Ramsey failed to do so, he was not entitled to TTD as of that date.

As for penalties for non-payment of TTD from Sept. 24, 2005, through Jan 4, 2006, the Commission found that the defendant's conduct did not warrant penalties. Ramsey agreed that the defendant accommodated his restrictions. Ramsey was frequently absent and was warned about poor attendance. In September 2005, the defendant terminated his employment after he refused to report for light-duty work. Under these circumstances, the Illinois Workers' Compensation Commission found the defendant's nonpayment of TTD did not warrant penalties.