Illinois Workers Compensation Lawyer Blog

Ruling: The Illinois Workers' Compensation Commission found the claimant's back condition was causally related to the work accident and that he was entitled to 40-1/7 weeks of temporary total disability benefits, prospective medical treatment, and medical expenses pursuan to the medical fee schedule.

Case name: Ramirez v. Ron's Staffing Service, 19 IlWCLB 126 (Ill.W.C.Comm. 2011).

Summary On July 15, 2009, Ramirez slipped on water and injured his back and right shoulder. The arbitrator found Ramirez reached maximum medical improvement as of Sept 16, 2009, and awarded 5-2/7 weeks of TTD benefits representing a period from Aug 10, 2009 through Sept 16, 2009 and medical expenses pursuant to the fee schedule incurred through Sept 16, 2009. Relying on Ramirez's medical records and his credible testimony, the Illinois Workers' Compensation Commission reversed the arbitrator's decision and found Ramirez's present condition causally realted to the work accident. The Commission further found Ramirez entitled to 40-1/7 weeks of tTD representing a period from Aug. 10, 2009 through May 17, 2010, prospective medical treatment, and medical expenses pursuant to the medical fee schedule.

The Commission found that all the medical records consistently documented Ramirez's complaints of low back pain. His back pain never subsided. The Commission also found that Ramirez's radiating symptoms persisted as well. The only place that treated Ramirez and did not document radiating symptoms was the company clinic. All the other treating providers documented radiating symptoms.

Continue reading " Illinois employee proves wipeout at work caused his current back problems " »

The reforms to the Illinois Workers' Compensation Act went into effect on September 1, 2011.
According to the governor's office, Illinois businesses spend upto $3 billion a year to insure and treat injured workers. Govenor Quinn believe that the changes to the Illinois Workers' Compensation Act will save Illinois businesses approximately $500 million a year while still protect the rights of injured workers.

The reimbursement rates to doctors who treat injured workers was cut by 30%. The Illinois State Medical Society warns that this reduction could lead to fewer doctors willing to treat work related injuries.

The law now requires doctors to use the American Medical Association impairments standards to determine the extent of a worker's injuries. The problem with this is the standards the AMA uses have never been used before to establish disability. A rotator cuff injury suffered by an office worker may be an impairment. The office worker may still be able to do their job. A rotator cuff injury for a construciton worker could prevent the worker from being able to do heavy lifiting, thereby making the injury a disability.

The changes to the WCA allows businesses to set up a network of physicians/clinics which employees can choose to receive treatment form. The physicians/clinics wil be prescreened by the Illinois Department of Insurance. Dr. David Fletcher, chief executive of SafeWorks Illinios believes that doctors will form preferred networks and would eventually charge the employer more than what has mandated by the Illinois legislature if the employer is happy with the outcome of the treatment.

For now, no one knows how these changes will affect the Illinois Workers' Compensation until the Commission starts deciding on cases filed after September 1, 2011.