Illinois Workers Compensation Lawyer Blog

The Illinois Workers' Compensation Commission granted the claimant's petition for review under Sections 8(a) and 19(h), finding that the claimant's ongoing medical treatment was causally related to the work accident, thereby entitling the claimant to an award of medical costs. The Commission further found that the claimant proved a material increase in his disability since the date of arbitration, thereby entitling the claimant to an additional award of 35% loss of a person as a whole under Section 8(d)2.

Case name: Ridgeway v. TLC Inc., 19 ILWCLB 203
(Ill.W.C.Comm.2011).

On Jan 8, 2002, Ridgeway, a head mechanic, went out to work on a truck, knocked over a jug containing a slippery substance, stepped in the substance, fell and fractured his left ankle. He underwent two surgeries and wore a brace to stabilize the ankle. His doctor opined that Ridgeway might need fusion surgery in the future. The arbitrator approved a settlement contract Feb. 18, 2005, with the defendant agreeing to pay Ridgeway 40% loss of use of the left foot. Pursuant to the settlement contract, the parties agreed to keep Sections 8(a) and 19(h) rights open under the WCA. At issue in this case is Ridgeway's petition for review under Sections 8(a) and 19(h). Ridgeway requested causally related medical expenses incurred since Feb 18., 2005. He also requested a wage differential award pursuant to Section 8(d)1. The Commission awarded additional benefits based on a material increase in disability to the extent of 35% under Section 8(d)2 and $5,507.66 for medical expenses under Section 8(a).

The defendant argued that Ridgeway was barred from seeking a wage loss differential because he elected a specific remedy and waived recovery under all other provisions of the WCA at the time he settled his claim in 2005. Rejecting this argument the Commission noted that when Ridgeway settled his case, he did not elect a particular remedy. Therefore he was not barred
from recover under other provisions of the WCA.

However, Ridgeway failed to prove entitlement to wage differential benefits because he did not provide evidence of the of the average amount he would be able to earn in the full performance of his duties as a head mechanic. As an award for wage differential benefits would be based on speculation, the Commission decided to award benefits based upon the loss of use of the person as a whole under Section 8(d)1.

Due to his left foot impairment, Ridgeway continued to work subject to permanent sedentary restrictions. He was unable to return to work as a full-time truck mechanic or driver because he cannot stand or walk for longer than two hours, he is unable to open a truck hood with a foot pedal, and he cannot stand on truck frames. Ridgeway underwent multiple surgeries, including an ankle fusion which left him with substantial physical limitations. He returned to work at a job with less pay and fewer hours. Relying on other Commission decisions which found it appropriate under Section 8(d)2 to award benefits for a specific loss, the Commission concluded that Ridgeway incurred a material increase in his disability to the extent of 35% loss of use of the person as a whole under Section 8(d)2.

The Illinois Workers' Compensation held that an employment relationship existed bewtween a taxicab business and the claimant-driver. However, the Commisison further held that the claimant failed to prove that her current condition of ill-being was causally related to her injuries from the work-related accident.

Case name: Brown v. AM Regional Taxi, 19 ILWCLB, 122 (Ill. W.C. Comm.2011).

Summary: Brown was working as a driver for the defendant's taxicab business when she was involved in a motor vehicle accident. The defendant leased out taxis to drivers and dispatched the drivers to pick up and drop off passengers. The defendant's owner testified that the business owned more than 30 taxicabs with its logo and phone number painted on each cab. The cabs were leased to over 30 drivers who are controlled in a manner similar to Brown.

Brown testifed that she was employed by the defendant to operate a taxicab. She paid a weekly lease and dispatch fee and in turn was dispatched by the defendant to pick up passengers. She was required to report any passengers she picked up that were not dispatched by the defendant. Brown was also required to advise the defendant of her whereabouts at all times while she was on duty operating their taxicab. In addition, she had to take the cab to a specific repair facility when necessary. All repairs were paid for by the defendant. Based on this evidence, the arbitrator found an employer-employee relationship existed bewteen the parties.

The arbitrator explained that the defendant retained and exercised a sufficient degree of control over Brown's work activities. In so ruling, the arbitrator pointed to a similar decision reached by the Illinois Supreme Court in Yellow Cab Co. v. Industrial Commission.

The arbitrator further found that although the evidence established that Brown was involved in a minor motor vehicle accident, it was not clear that she sustained any actual injury as a result of the accident. Based on the totality of the evidence adduced at hearing, the arbitrator questioned the veracity of Brown's testimony. Although Brown received extensive pain management treatment, the medical records demonstrated that she was esentially daignosed with nothing more than a back strain or sprain and a neck strain or sprain. The arbitrator concluded that Brown did sustain accidental injuries which arose out of and in the course of her employment and that adequate notice of the accident was provided to the defendant, but Brown failed to prove that her current condition of ill-being was causally related to the work-related injuries.

The Illinois Workers' Compensation Commission held that the claimant sustained permanent partial disability due to burns and was entitled to benefits under Section 8(d)2 for loss of use of 15 percent of the person as a whole.

Case name: Pena v. Wells Mfg., Co., 19 ILWCLB 152 (Ill.W.C.Comm.2011).

Summary: Pena was working for the defendant Jan 25., 2008, when he was splashed with molten metal and his clothes ignited.He testified that he continues to experience great discomfort as a result of his burns. Medical records indicated that Pena's treating doctor ordered various non-narcotic medications for the purpose of reducing Pena's pain. Without medication, his pain was constant and not tolerable. He testified that the bunred area was extremely hypersensitive to heat and cold. The burn extended from the midline in front, right, to the midline in back, including the right arm pit and the underside of the right arm to the elbow. He was restricted from working in a high temperature environment. Pena was also instructed to avoid working in an evironment where caustic or other irritating substances might come in contact with his skin. Pena's doctor described the burns as primarily second degree, with some third degree covering 18 to 22 percent of the body.

Pena testified regarding the development of vesicular lesions, sloughnig of skin, and blisters when he sweats. Based on this evidence, the arbitrator found Pena entitled to a permanency award for 15 percent loss of the person as a whole. The arbitrator noted that Pena's employment opportunities were significantly limited and he has been unable tos ecure work since the defendant laid him off nearly 18 months ago.

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

The Illinois Workers' Compensation Commission awarded the claimant permanent disability benefits for 50% loss of use of the righthand as a result of a work injury.

Case name: Imbordino v. Schaumburg, Village of, 19 ILWCLB 151 (Ill.W.C.Comm.2011).

Summary: Imbordino, a maintenance employee for the defendant-village, was repairing buckled concrete with a mud jacker when a rock became lodged in the nozzle of the hose. After he laid the hose on the ground, the rock shot out of the hose and struck his left ankle, knocking him off his feet. He landed on his right arm. X-rays of his right arm showed a distal radial fracture. A cast was applied to the right wrist and forearm. He underwent surgery, which involved an open reduction with internal fixation with multiple screws and a four-inch plate. He took medication for several weeks due to severe pain, and then began physical therapy. He was eventually released to full duty. The arbitrator found Imbordino sustained a five percent loss of use of the left hand and 50 percent loss of use of the right hand as a result of the June 256, 2009 work injury.

In determining the permanency award, the arbitrator noted that Imbordino suffered a two-piece inter-articular distal radial fracture which required internal fixation. During the course of postoperative care and while working modified duty, Imbordino developed numbness and tingling, more prominent on the right than the left, necessitating a splint and injection to the right wrist. The EMG/NCV study confirmed the presence of bilateral carpal tunnel syndrome. Furthermore, the arbitrator found Imbordino credible in describing his arduous employment tasks and the loss of strength, weakness, and numbness in his hands daily since resuming full-duty work. The arbitrator noted Imbordino's daily use of over-the-counter pain medication to alleviate these complaints. Also, the medical records and postoperative x-rays supported the disability assessment.

Upon review, the Illinois Workers' Compensaiton Commission modified the arbitrator's decision by vacating the award of five percent loss of use oft he left hand.

An Illinois Workers' Compensation Commission majority vacated the arbitrator's finding that the claimant's right carpal tunnel syndrome was causally related to a a work accident and, accordingly, vacated a permanency award of 7.5 percent loss of use of the right hand. The Commission also reduced the permanency award for the claimant's back injury from 6 percent to 4 percent loss of use of the person as a whole, and vacated the award of penatlies and attorney's fees.

Case name: King-Alexander v. WA Howe Development Center, 19 ILWCLB 146 (Ill.W.C.Comm.2011)

Summary: Alexander, a mental health technician, alleged injuries while restraining an agitated patient Sept. 28, 2008. The arbitrator awarded 6 percent loss of use of the person as a whole, 5 percent loss of use of the right arn, and 7.5 percent loss of use of the right hand. The arbitrator also awarded $2,439.16 in Section 19(k) penalties and $487.83 in Section 16 attorney's fees. However, the Illinois Workers' Compensation Commission modified the decision by finding that Alexander's right carpal tunnel syndrome was not causally related to the work accident, and vacating the arbitrator's permanency award of 7.5 percent loss of use of the right. The commission also modified the arbitrattor's permanency award for Alexander's back injury from 6% to 4% oss of use of the person as a whole. Lastly, the Commission vacates the award of Section 19(k) penalties and Section 16 attorney's fees.

In finding Alexander's right carpal tunnel condition causally related to the accident, the arbitrator relied upon a chain of events analysis over the causal connection opinion of the defendant's Section 12 examiner. The arbitrator found that the examiner did not review the medical records and that the defendant engaged in doctor shopping when it obtained the examiner's opinion one year after the accident. However, the Commission viewed the evidence differently and found that Alexander's right carpal tunnel syndrome was not causally related to the work accident. Signficantly, Alexander did not complain about her right hand until two months after the accident. Also, Alexander contended that her job was repetitive in nature, but she alleged that a specific event, not repetitive trauma, cased her conditions. In addition, she did not submit a medical opinion establishing a causal connection between her right carpal tunnel syndrome and the work accident. Furthermore, the defendant's examiner's report reflected that he did review the medical records in conjunction with his examination.

In contrast to the arbitrator's opinion, the Commission did not believe the defendant was engaging in doctor shopping when it retained the examiner. By statute, the defendant was entitled to a Section 12 examination. The examiner noted that carpal tunnel syndrome can be associated with diabetes. The Commission conclused that the bilateral nature of Alexander's carpal tunnel syndrome, along with her conceded diagnosis of diabetes, further supported the finding that her right carpal tunnel syndrome was not due to the work accident.

The Illinois Workers' Compensation Commission ehld that although the claimant established that her fall at work arose out of her employment in the defendant's bakery,she failed to prove that her current condition of ill-being was causally related to the work accident.

Case name: Dugger v. Peter's Market Inc., 19 ILWCLC 145 (Ill.W.C.Comm.2011)

Summary: While worknig the defendant's bakery department in February 2010, Dugger slipped and fell on some plastic wrap while carrying a plate of strawberries. There was a video camera in the bakery that filmed the entire incident. Before the accident occurred, Dugger dropped the plastic on the floor and made no attempt to pick it up. She continued performing her regular duties. About 20 minutes later, Dugger was carrying a tray of strawberries along the back of the bakery counter when she stepped on the plastic, she slipped foward before landing on her buttock and rolling onto her back and left arm. The arbitrator found Dugger sustained an accidental injury that arose out of and in the course of her employment.

Although there was some speculation by the defendant that Dugger staged her fall, the defendant presented no credible evidence to support this finding. Also, the arbitrator rejected the defendant's argument that Dugger was not at any greater risk than the general public when she fell. Dugger was at a greater risk than the general public in that she fell on plastic wrap in an area where she was repeatedly walking from one end of the counter to the other in order to assist customers. In addition, this area was not open to the general public. The presence of such an item on the floor was incidental to Dugger's employment and was not something to which the general public would be exposed. As such, the arbitrator found Dugger had proven by preponderance of the credible evidence that she sustained an accidental injury arising out of and in the course of her employment.

However, the arbitrator went on to find that Dugger's symptoms of myelopathy and need for surgery were not related to this accident. Medical records indicated that Dugger had consistent complaints of numbness and pain in her hands for years before the wrok accident. The records also showed prior episodes of falling and other myelopathic symptoms. The arbitrator adopted the opinions of the defendant's examining doctor, which were based on an accurate history of Dugger's past and present complaints, the credible medical records, and his viewing of the video surveillance showing the mechanism of Dugger's fall. Furthermore, the arbitrator found Dugger was less than truthful regarding her myelopathic complaints prior to the accident the mechanism of her fall.

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

The Illinois Appellate Court, 2nd District affirmed the Circuit court's order reversing the Illinois
Workers' Compensation Commission's denial of benefits to a deput sheriffinjured in a vehicular accident.

Case name: Johnson v. Will County Sheriff's Department, IWCC, 19 ILWCLB 136 (Ill.App.Ct., 2nd 2011).

Summary: Johnson, a deputy sheriff, left his assigned patrol area while on duty to collect his personal mail at a post office three miles outside the county border. As he was exiting the post office, Johnson received a radio assignment to assist a deputy in transporting a passenger. Johnson was traveling to the deputy's location when he was involved in a motor vehicle accident. The accident was one and one-half miles from the county border and 20 miles from his destination. Johnson was suspended from duty without pay for eight days for leaving his assigned post without permission. In a decision summarized at 17 ILWCLB 130, the Commission denied benefits, finding Johnson was engaged in a personal deviation at the time of his accident and the accident resulted from Johnson's misconduct. The Circuit Court reversed. Upon review, the Illinois Appellate Court affirmed the Circuit court.

Continue reading "Will County Sheriff secures benefits despite conducting personal errand before his accident" »

Ruling: The Illinois Workers' Compensation Commission denied a laborer's claim for work-related neck and shoulder injuries based on a failure to provide sufficient proof of a work accident.

Case name: Rivera v. Asmussen Waxler Group, 19 ILWCLB 133 (Ill. W.C. Comm. 2011).

Summary: Rivera worked in the defendant's warehouse packing and delivering food. On Dec. 5, 2003, he was moving, packing and taping boxes of frozen food for 15 to 20 minutes when he noticed pain in his left shoulder and chest. After sitting for a while, he continued working, finished his delivery to the defendant's warehouse, and went home. Rivera testified that after he was home for the evening, the pain in his chest and left arm got worse. The next day, he was taken by ambulance to the emergency room. He did not relate any history of an accident at work or elsewhere. A physical examination showed he had full range of motion of his neck. After obtaining an abnormal EKG, river signed himself out of the hospital against medical advice.

He followed up with his primary care physician Dec. 9, 2003, and complained of pain radiating from his neck into his left shoulder. The doctor advised Rivera to avoid heavy lifting or strenuous exercise, but she did not specifically take him off work.

One month later, an MRI revealed a right sided disk herniation and "extensive change" in the left shoulder area, where Rivera had prior shoulder surgery. Rivera testified that he has not worked since the work incident and is currently receiving Social Security disability due to medical conditions involving his neck, back, left shoulder, carpal tunnel syndrome, and obesity.

The arbitrator found Rivera failed to prove an accidental injury or a causal relationship between the alleged injury and his current condition of ill-being. Rivera failed to testify to either a precipitating specific event or precipitating repetitive trauma.

Upon review, the Illinois Workers' Compensation Commission affirms the denial of accident but on a failure of proof basis. In so holding, the Commission pointed to Rivera's testimony that on the day of the accident he spent 20 minutes moving boxes that weighed 10 to 15 pounds each before experiencing the onset of left-sided chest pain and left arm pain. He testified that his pain worsened after he finished his workday and went home.

However, the emergency room records contained to mention of any work-related activities. Rivera testified he did not mention any such activities to the emergency room personnel because he did not think he got injured at work.

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.

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" »

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.

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 pressure is on by Illinois businesses to pass reform to the Illinois Workers' Compensation Act. With the increase in sales tax and promises by other states with lower operating costs, the Illinois legislature is working to appease Illinois businesses and still provide benefits to injured workers.

But it appears that time is running out.

That argument is that Illinois businesses are more concerned about their bottom line than taking care of their employees. Business contends that workers' compensation costs are too high in Illinois and that the current system is too "lax"

Doctors are arguing that the proposed 30% fee cut is way out of line.

"Politically, it's a minfield," sais Senator Kwame Raoul, a Chicago Democrat. "I think in the end nobody will be happy...but you want everybody to put some skin in the game."

Legislators agree that the system needs some overhauling. They want to make business happy and address the abuses. Lawmakers agree on a large portion of the proposed reforms, but there are some sticking points.

Continue reading "Illinois Workers' Compensation: Time is running out" »

Ruling: The 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 December 8, 2008, the Commission extended benefits through April 17, 2009.

Case name: Fraley v. Favorite Health Care Staffing Inc., 19WCLB 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 originally 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 temporary total disability benefits through Dec. 8, 2008, along with medical expenses. Upon review, the Illinois Workers' Compensation 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 awarded the claimant benefits for a leg injury, including 40-2/7 weeks of temporary total disability benefits, medical expenses and permanent disability under Section 8(d)2 for the loss of the person as a whole to the extent of 35%.

Case name: Stine v. Yellow Transportation, 19 ILWCLB 22 (Ill.W.C.Comm. 2010).

Summary: Stine, a truck driver and dock worker, was injured when a dock plate was dropped onto his lower left leg. He suffered fractures of the left tibia and fibula at the level of his ankle with a dislocation of the fibula and a rupture of the deltoid ligament. He underwent an open reduction with internal fixation of his fractures. He subsequently developed symptoms of reflex sympathetic dystrophy. The defendant began paying temporary total disability benefits but subsequently stopped based on its belief that Stine could return to work.

Continue reading "Illinois truck driver under video surveillance by insurance company" »

Illinois Workers' Compensation reform has been a frequent headline in newspapers throughout the state. The Governor, under pressure by the powerful Illinois Manufacturer's Association and Caterpillar, is pushing the Illinois legislation to enact workers' compensation reform that he believes would be good for "both workers and employers and for the state of Illinois."

We believe otherwise.

Let's take a look at some of the proposed reforms:

Capping carpal tunnel disability payments to 20 weeks- While the average re-cuperating time for carpal tunnel syndrome surgery is 16 weeks, every person who suffers from carpal tunnel syndrome is different. It may take less time, it may take longer.

Most workers who suffer from carpal tunnel syndrome are assemblyline workers or clerical workers who may be making the minimum wage or slightly more. A worker making $10 who has undergone carpal tunnel syndrome surgery would receive a settlment of approximately $7380.00 per hand. Much less than the "$40,000 dollar settlement," that some defense attorneys want you to believe.

Additionally, claims for carpal tunnel syndrome could be drastically reduced if workers are allowed to take more frequent breaks. Most carpal tunnel claims caused by keyboarding can be drastically reduced or eliminated by providing the employee with wrists rests and ergonomically correct keyboards.

Denying benefits to intoxicated workers- Present case law already provides for the denial of benefits to intoxicated workers if their intoxication caused the the injury.

Reducing benefits to pre-2005 levels- Most workers do not want to be dependent on insurance companies to support their families. Reducing the benefits a worker receives while they are off recuperating from an injury, will only add to the financial burden most injured workers and their families face. Right now an injured worker receives 66-6% of his gross. However this amount does not include any overtime or bonus pay he may have earned.

If an employee was paying for health insurance, he or she would still responsible for their premium payments while off work on TTD benefits. Their insurance premiums don't go down. Their cost of living doesn't go down. Their mortgage payments and their car payments don't go down. How does an injured worker support his or her family on TTD payments based on wages they were earning 6 years ago? By reducing these levels to 2005, the injured worker will end up in a financial hole that they may never be able to climb out of.

A reduction of 30% of the fee schedule payments to doctors- This is the round-about way employers have devised to control the medical treatment an injured worker receives. Doctors will be unwilling to treat anyone injured on the job with such a large reduction in the fee schedule.

Enhanced authority to prosecute fraud- Fraud should be investigated. But if you're going to investigate fraud, make sure you're looking at both sides of the fence.

Capping wage differentials at the age of 67 or 5 years post accident-This is great if every injured can find a job earning the same amount of money they were making at the time of their injury. But it just isn't the case.

Let's say you have an union sheet metal worker who was making $35 an hour at the time of his accident. What happens if his injury prevents him from going back to work as a sheet metal worker and after months of job searches can find a job earning only $13 an hour? He has a $22 an hour difference in earnings? How do you make that kind of financial adjustment and still keep your head above water. After 5 years the Governor wants to pull in your life raft.

So after we him off, then what happens. He is forced to turn to social programs to help support his family. How does this help Illinois?

The insurance industry has been eerily quiet on the issue of reform. That is because they have the most to gain. The reforms proposed, if enacted, only limits the benefits an injured worker receives. This in turn, means more money in the pockets of the insurance industry.

The Governor states that the reforms will ultimately lead to savings in the millions of dollars for Illinois employers by the way of reduced premiums. When has the insurance industry ever reduced their premiums? There is a reason they make so much money in Illinois. And it's not because they are refunding premiums.

Case name: Cooper v. Borg Warner Automotive Inc., 19 IlWCLB 31 (Ill.W.C.Comm. 2010).

Ruling: The Illinois Workers' Compensation Commission affirmed the arbitrattor's finding that the claimant's siter established that she was at least 50% dependent on the claimant's earnings. However, the Commission modified the decision to find the work accident left the now-deceased claimant with some permanent disability. Based on the sister's dependency determination, she was entitled to 50% percent of the awarded permanency benefits.

What it means: Where it is reasonable to infer from the evidence that the work accident left the claimant with some permanent partial disability prior to her non-work related death, the claimant's dependent is entitled to the permanency award based on her percentage of dependency on the claimant.

Continue reading "Sister of deceased claimant secures Illinois Workers' Compensation benefits based on dependency" »

Ruling: The Illinois Workers' Compensation Commission modified the decision of the arbitrator by cacating the award for loss of use of the inde, middle, and right fingers, and awarding benefits under SEction 8(e)9 of the Workers' Compensatin Act for loss of use of the left hand to the extent of 80%.

Case name: Purcell v. Dykema Builders Inc. d/b/a Woodland Builders, 19ILWCLB 29 (Ill/W.C.Comm.2010)

What it means: The Illinois Workers' Compensation Commission does not usually award simultaneous compensation for loss of uf use of amputated fingers and loss of use of the otherwise uninjured hand. In this case, where the claimant severed three fingers and has a long work life expectancy, he is entitled to benefits for loss of use of the left hand and not for loss of use of the fingers.

Continue reading "Illinois construction worker's severed fingers warrant loss of use of award for hand under Section 8(e)9" »

Since Governor Quinn took over as CEO of Illinois, reforming Illinois Workers' Compensation has been a priority. He believes that reform is necessary to maintain a system that treats injured workers falrly, but will also improve the business climate in the State of Illinois.

Illinois' medical fee schedule is ranked the 2nd highest in the country. With a 30 percent decrease in the schedule, Illinois would still rank 2nd, but it is believed that employers could save up to $500 million- or as much as 14.9 percent in premiums.

Some of the proposed reforms include:

Capping temporary total disability payments (alleged savings $19 millions) for carpal tunnel syndrome;

Returning compensation for temporary total incapacity partial disability to pre 2005 levels;

Denying benefits to workers who were inebriated at the time of their injury

Putting a cap on wage differential awards at the age of 67 or 5 years post accident. (Alleged savings $87 million)

Increasing medical utilization reviews for physical therapy, occupational theray and chiropractic care (Alleged savings $16 million)

Continue reading "Illinois Workers' Compensation Reform" »

According to the Chicago Sun-Times, an investigation was launched by the Feds in a criminal probe of workers' compensation claims filed by more than 200 prison guards at Illinois Menard Correctional Center in additon to three Illinois Workers' Compensation Commission arbitrators.

The Chicago Sun-Times reported that supboenas were issued by the U.S. Attorney's Office in February. The subpoenas are looking for workers' compensation records for claims filed since the beginning of 2006 by "scores of government employees." The Department of Corrections, the Illinois Workers' Compensation Commission, the Department of Central Management Services and the Department of Insurance all received the supboenas.

The Belleville News-Democrat reported that Govenor Quinn intends on introducing workers' comp reform legislation. Quinn praised the feds duirng a press conference at Southwestern Illinois college.

"We need to get to the bottom of everything and I'm very happy that this is happening," Quinn said.

According to the News-Democrat report, since 2008, 389 prison employees including the warden, received over $10,000,000 in workers compensation benefits. Over 200 prison guards file claims for repetitive stress injuries purportedly caused by the locking and unlocking of cell doors in the prison.

Two Illinois Workers' Compensation arbitrators were the subject of a supboena issued by the Feds on Feb 14. The subpoena sought emails, personnel records and reimburse documents
for Arbitrator John Dibble and Jennifer Teague. The subpoena was looking for records as far back as 2006. The Illinois Workers' Compensation place both the arbitrators on administrative leave. The Sun-Times reported that arbitrators earn $115,836 a year. The arbitrators were place on leave on Feb. 15

The personnel records for Arbitrator Andrew Nalefsi were also requested by the feds. He remains on the job.

The arbitrator and the Illinois Workers' Compensation Commission do not have authority to assess penalties and attorney's fees against the State Injured Workers' Benefit Fund. The fund's payment of penalties and attorney's fees would be contrary to the legislative intent and language of Section 4(c) of the WCA.

Case name: Walker v. Capitol Transport Inc., 16ILWCLB139 (Ill.W.C.Comm.2008).

Walker, an over-the-road truck driver, suffered serious injuries in a motor vehicle accident while delivering a load from California to Chicago. The Illinois Workers' Compensation Commission found that the employer clearly acted in an unreasonable and vexatious manner in not payng benefits. The employer did not pay benefits because it did not have workers' compensation insurance coverage. The State Injured Workers' Benefit Fund did not dispute that penalties and attorney's fees were warranted against the employer. Rather, the fund argued that it should not be liable because penalties and fees are not "benefits." The Illinois Workers' Compensation Commission agreed that the fund was not responsible for payment of penalties or attorney's fees, and as such would be contrary to the legislative intent and language of Section 4(c). Walker still has a valid award against the employer, and he can enforce that award for penalties and attorney's fees in the Circuit Court.

Continue reading "Illinois state fund not responsible for payment of penalties, attorney's fees" »

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).

Continue reading "Illinois Workers' Compensation Commisison requires further information before approving house addition" »

The employer may be liable for medical expenses related to treatment of certain conditions, such as diabetes and cysts, even though such conditions are not related to the claimant's work accident, when the treatment of the condition is reasonably necessary to cure the claimant of the effects of the accident injury.

Case name: Wilson v. Siegles Home & Building, 16ILWCLB 137 (Ill.W.C.Comm.2008).

Wilson, a truck driver, injured his neck at work while lifting a large oak door. He was diagnosed with cervical myelopathy, foraminal stenosis and cord compression. Wilson's doctor attempted to perform a nerve block, but due to Wilson's large size and barrel-chested anatomy, he was unable to visualize the targeted nerve roots. After entering a settlement agreement, the defendant authorized a cervical anterior disc fusion. During the procedure, the doctor was unable to complete the surgery due to an inability to access Wilson's anatomy below his clavicle and sternum.

Continue reading "Truck driver wins medical benefits for weight loss, diabetes treatment" »

The Illinois Workers' Compensatio Commission reversed the arbitrator and found that the claimant failed to prove he sustained a compensable repetitive stress injury to his upper extremities. The claimant's evidence was insufficient to establish a causal connection between his work duties and his condition.

Case name: Diepen v. Commonwealth Edison Co., 16 ILWCLB 134 (Ill.W.C.Comm.2008).

Diepen, an electrical specialist for the defendant, was responsible for switching out overhead power lines up to 138,000 volts, emergency restoration of overhead and underground service, operation of overhead and underground lines, and handling complaints by customers. To perform his duties, Diepen, used a "hot stick" which was a 30 foot fiberglass stick used for putting wires back on the pole.

Continue reading "Illinois employee's unconvincing medical evidence dooms RSI claim" »

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.

The Illinois Workers' Compensation Commission vacated the arbtriator's decision awarding penalties to the claimant under Sections 19(k) and 19(I) of the Illinois Workers' Compensation Act.

Case name: Treadway v. Munch's Supply Co., 17 ILWCLB 58 (Ill. W.C.Comm.2009).

Treadway was working as a truck driver for the employer when he twisted his right ankle and injured his right knee. He was diagnosed with a right ankle and knee sprain and was treated with pain medication. After cointinuing complaints of pain and discomfort, Treadway was diagnosed with complex regional pain syndrome (CRPS) in the right ankle. Based on the testimony of two examining doctors, the defendant stopped paying for Treadway's treatment. However, the arbitrator ordered the defendant under Section 8(a) to pay for the reasonable and necessary medical care prescribed for CRPS, and arthroscopic knee surgery.

Continue reading "Illinois employer's reliance on medical opinion nixes assessment of penalties" »

The Illinois Workers' Compensation Commission vacated the arbitrator's award of temporary total partial disaiblity benefits and, instead, found the claimant entitled to temporary total disaiblity benefits for the periods he was off work, and maintenance benefits for the period when he performed light-duty work for the employer.

Case name: Fox v. Ketterman Communications, 17 ILWCLB 57 (Ill.W.C.Comm.2009).

Fox, a satellite dish installer, was working at a job site Feb. 28, 2003, when he fell from a 15 foot ladder onto a brick patio, landing on his left ankle. As a result of the fall, Fox suffered a left calcaneus fracture. On June 27, 2003, Fox returned to light-duty work as a dispatacher. The job involved answering phones, transcribing information, and working on the computer. As a dispatcher, her earned less wages.

Continue reading "Illinois satellite dish installer secures benefits" »

The Illinois Workers' Compensation Commission held that a factory worker's injury while tiwsint his body arose out of and in the course of his employment. As a result of his injury the worker was entitled to 20 weeks of temporary total disability benefits.

Case name: Ortiz v. Rail exchange, 17 ILWCLB 50 (Ill.W.C.Comm.2008).

Ortiz made parts for railraod engines. His duties included reaching to his left for a bar, placing it on a press, removing the bar, hammering it three times, and reaching forward over his work table to place the finished bar onto a cart. He would then turn quickly to his left to obtain another bar from the forge operator. He completed this cycle five times per minute. Ortiz explained that he has to turn quickly to keep up with the pace of production.

Continue reading "Illinois assembly worker has compensable claim for twisting injury" »

The Illinois Workers' Compensation Commission denied a claimant's request for surgery involving an artificial disc replacement.

Case name: Warner v. Kewanee Hospital, 17 ILWCLB 175 (Ill.W.C.Comm.2009).

Warner, a nurse at the defendant's hospital, injured her back while helping to lift an unresponsive patient froma a vehicle. She underwent a course of injections for discogenic pain. However, because she reported only minimal relief from the injections, her doctor recommended an artificial disc replacement, which if denied by insurance coud be substituted with a fusion.

The arbitrator denied Warner's request for surgery. Based on Warner's lack of credibility, in addition to an opioid dependence, insignificant MRI findings, and lack of other objective findings to support her objective complaints, the arbitrator concluded that Warner was not a surgical candidate and denied any additional treatment. Upon review, the Illinois Workers' Compensation Commisison affirmed and adopted the decision of the arbitrator.

where recreation is inherent in a claimant's job position, such as a fitness supervisor, and the claimant is injured while participating in a recreational event and while attempting to accommodate the employer's customers, Section 11 of the Illinois Workers' Compensation Act does not bar the claimant's application for workers' compensation benefits.

Case name: Elmhurst Park District v. IWCC (Murphy), 17 ILWCLB 167 (Ill.App.Ct., 12st 2009).

Murphy, a fitness supervisor at a facility operated by the park district, injured his leg while playinng in a game of wallyball at work during his shift. The game was part of the defendant's wallyball league, and the participants were paying customers. Murphy testified that a coworker insisted that Murphy participate in the game, as they would not have enough players without Murphy.

The defendant argued that Section 11 of the Illinois Workers' Compensation Act barred Murphy's injuries because the accident occurred while Murphy was participating in a voluntary recreational program.

Continue reading "Illinois workers' injuries is not blocked by Section 11 of the Ilinois Workers' Compensation Act" »

The Illinois Workers' Compensation Commission affirmed the arbitrator's findings that an employee's knee twisting injury in the parking lot arose out of and in the course of her employment. The employee was entitled to 48 weeks of temprorary total disability, permanent partial disability under Sections 8(d)2 and 8(3) and $2,245.29 in medical expenses.

Case name: Sims v. Grand Prairie Transit-Lockport, 17 ILWCLB 168 (Ill.W.C.Comm.2009).

Sims, a road supervisor and bus driver for the defendant, testified that she drove into the company parking lot 5 to 10 minutes before the start of her 6:00 a.m. shift. The lot was for employees only, and the defendant maintained the lot. The surface of the lot included large rocks and loose gravel. She stepped out of her car and turned back toward the vehicle to grab her coffee. Her foot became caught on a large rock, and she twisted her left knee. Relying on Doyle v. Industrial Commission, and Mores-Harvey v. Industrial Commission, the arbitrator found Sims' accident compensable under the WCA

Upon review, the Illinois Workers' Compensation Commission modified the permanent disability award and affirmed on all other issues.

An employee's injuries sustained whe she was assaulted outside her employer-restaurant before the start of her shift, arose out of and in the course of her employent, where evidence indicates she is regularly subjected to the employer's poor lighting while walking from the parking lot to the restaurant. Therefore, the employee may not bring a common-law action against her employer.

Case name: Lawson v. Schmitt Boulder Hill Inc., 17 ILWCLB 233 (Ill.App.Ct., 2nd 2010)

Lawson, a restaurant employee, arrived at work just before 6:00 a.m. and before entering the restaurant she was robbed, abducted and assaulted. She filed a two-count complaint against her employer, a restaurant owner, and the franchisor, alleging that her injuries were proximately casued by the defendants' negligence. The employer moved to dismiss based on the exclusive remedy provision of the Illinois Workers' Compensation Act. The franchisor also moved to dismiss, arguing that it owed no duty to Lawson.

The trial court granted both motions. The appellate court affirmed the dismissal of Lawson's claim against the employer but reversed the dismissal of the claim against the franchisor.

Continue reading "Illinois plaintif can't overcom Section 5(a) barrer to negligence claim against employer" »

The Illinois Appellate Court reversed the Circuit Court's order granting the defendant's motion to dismiss the plaintiff's negligence suit. The plaintiff was not estopped from seeking civil damages because she received workers' compensation benefits.

Case name: Reed v. White d/b/a Harris Farms, 17 ILwCLB 232 (Ill. App. Ct., 5th 2010).

Reed was injured when her vehicle crashed into a tractor and farm implement being driven by her husband. The farm implement was so wide it extended over the centerline of the road. At the time of the accident, Reed was on her way to drop off tools at her husband's employer, a farm. Reed was also an employee at the farm but was not scheduled to work on the day of the accident. After the accident, the farm voluntarily paid temporary total disaility benefits and medical bills

Reed filed a two count complaint against her husband and his employer, alleging negligence and vicarious liability against the employer. Reed also filed an application for benefits under the Illinois Workers' Compensation Act. The defendants filed a motion to dismiss the civil suit, contending that Reed was precluded from a civil recovery pursuant to the doctrine of judicial estoppel and the exclusivity provision of the Illinois Workers' Compensation Act. The trial court granted the motion. However, the appellate court reversed and remanded the case.

Continue reading "Illinois plaintiff's filing of a claim under the Illinois Workers' Compensation doesn't bar negligence claim" »

The Illinois Workers' Compensation Commission vacated the arbitrator's award of wage differential benefits under Section 8(d)1 of the WCA, and rejected the worker's contention that he was entitled to permanent total disability benefits. The Commission found a permanency award was premature, and instead the worker should pursue vocational rehabilitation in the form of a suitable retraining program. Also, the worker was entitled to maintenance while engaged in vocational rehabilitation.

Case name: Wise v. Maine Township HSD No 207, 17 ILWCLB 220
(Ill.W.C.Comm.2009)

Based on the testimony of a vocation rehabilitation consultant, the arbitrator found Wise was not entilted to an award of permanent total disability under Section 8(f). The consultant found there was a stable labor market for Wise with potential earnings between $8 and $10 per hour. The arbitrator found Wise was in good physical condition after the work injury, was capable of performing medium-level work, and was no longer under medical care. The arbitrator also found that Wise could earn after the injury. The arbitrator denied permanent total disability benefits and awarded wage differential benefits under Section 8(d)1.

Continue reading "Illinois workers' permanency award deemed premature; vocational rehab more appropriate" »

The Illinois Workers' Compensation Commission denied benefits to a worker who was injured during an employer-sponsored charity bowling event. The worker failed to prove by a preponderance of the evidence that she was injured in an accident that arose out of and in the course of her employment

Case name: Cramer v. Viacom Outdoor, 17 (ILWCLB 225 (Ill.W.C.Comm 2009).

Cramer, a sales assistant for the defendant, fractured her left arm at an employer-sponsored charity bowling event when she slipped and fell on a bowling lane. Cramer had workerd at the office until 1:30 p.m. and then departed for the event a a local bowling alley.

She was paid her regular wages for the time she attended the event. Evidence was presented by the defendant that if Cramer had not attended, she still would have been paid her regular wages, provided she performed her regular office duties.

Cramer testified that she felt pressured to attend the event. The human resources manager testified that employees were not ordered or assigned to attend the event. The arbitrator denied benefits pursuant to Secion 11 of the Illinois Workers' Compensation Act.

Continue reading "Illinois workers strikes out in attempt to obtain benefits for injury at bowling event" »

The Illinois Workers' Compensation Commission modified the arbitrator's decision awarding benefits by finding that the claimant sustained a nonwork-related intervening accident that broke the causation chain between the work accident and the claimant's present condition of ill-being. Accordingly, the Commission reduced the temporary total disability award from 82 weeks to 14 weeks and adjsuted the permanent disability from 20 percent of a person as a whole under Section 8(d)2 to 10 percent loss of use of the right leg under Section 8(e) of the Illinois Workers' Compensation Act.

Case name: Owens v. United Parcel Services Inc., 17 IlWCLB 215 (Ill.W.C.Comm.2009).

Owens was hired as a driver's helper for the defendant for the holiday season from November 2006 through December 31, 2006. On Dec. 14, 2006, Owens was delivering a package for work when he slipped on a step and fell forward, hitting the inside of his right knee on a wooden deck. He was diagnosed with a right knee contusion and sprain and was prescribed medication and a knee brace. On April 10, 2007, Owens sprained his right ankle when he stepped off a sidewalk and into a grass covered hole. The arbitrator awarded benefits. Upon review, the Illinois Workers' Compensation Commission modified the arbitrator's decision to find that the April 2007 incident was a significant enough event to constitute an intervening accident that broke the causation chain between the Dec 14, 2006, work accident and Owens present condition of ill-being. In so finding, the Commission relied on the mechanism of the accidents, the doctors' foundational knowledge of the events and Wise's overall credibility. As such, the Commission reduced the benefit award.

Continue reading "Illinois Workers' Compensation Commission rules: Intervening accident breaks causal connection" »

The Illinois Workers' Compensation Commission modified the arbitrator's decision awarding benefits by finding that the claimant sustained a nonwork-related intervening accident that broke the causation chain between the work accident and the claimant's present condition of ill-being. Accordingly, the Commission reduced the temporary total disability award from 82 weeks to 14 weeks and adjsuted the permanent disability from 20 percent of a person as a whole under Section 8(d)2 to 10 percent loss of use of the right leg under Section 8(e) of the Illinois Workers' Compensation Act.

Case name: Owens v. United Parcel Services Inc., 17 IlWCLB 215 (Ill.W.C.Comm.2009).

Owens was hired as a driver's helper for the defendant for the holiday season from November 2006 through December 31, 2006. On Dec. 14, 2006, Owens was delivering a package for work when he slipped on a step and fell forward, hitting the inside of his right knee on a wooden deck. He was diagnosed with a right knee contusion and sprain and was prescribed medication and a knee brace. On April 10, 2007, Owens sprained his right ankle when he stepped off a sidewalk and into a grass covered hole. The arbitrator awarded benefits. Upon review, the Illinois Workers' Compensation Commission modified the arbitrator's decision to find that the April 2007 incident was a significant enough event to constitute an intervening accident that broke the causation chain between the Dec 14, 2006, work accident and Owens present condition of ill-being. In so finding, the Commission relied on the mechanism of the accidents, the doctors' foundational knowledge of the events and Wise's overall credibility. As such, the Commission reduced the benefit award.

Continue reading "Illinois Workers' Compensation Commission rules: Intervening accident breaks causal connection" »

The Illinois Workers' Compensation Commission vacated the arbitrator's award of wage differential benefits under section 8(d)1 of the Illinois Workers' Compensation Act and rejected the claimant's contention that he was entitled to permanent total disability benefits. The Commission found a permanency award was premature, and instead, the claimant should pursue vocational rehabilitation in the form of a suitable retraining program. Also, the claimant was entitled to maintenance while engaged in vocational rehabiltiation.

Case name: Wise v. Maine Township HSD No. 207, 17 ILWCLB 220 (Ill.W.C.Comm. 2009).

Based on the testimony of a vocational rehabilitation consultant, the arbitrator found that Wise was not entitled to an award of permanent total disability under Section 8(f). The consultant found there was a stable labor market for Wise with potential earnings between $8 and $10 per hour. The arbitrator found that Wise was in good physical condition after the work inijury, was capable of performing medium-level work, and was no longer under medical care. The arbitrator also found that Wise did not conduct a diligent job search and that both vocational counselors identified an amount that Wise could earn after the injury.

Continue reading "Illinois worker's permanency award deemed premature; vocation rehab more appropriate" »

The 4th District Illinois Appellate court is refusing to rehear a case which allows the withdrawal of past due child support payments from a workers' compensation award.

Roby Ziegler, press secretary for the Illinois Attorney General's Office says that the only issue addressed in this case is whether past due child support could be deducted from a workers' compensation award or settlement. There are no other cases addressing this issue.

Under the Illinois Workers' Compensation Act, a debtor cannot place a lien against a settlment or award. Ziegler points out that in this situation , the word "lien" is too broad.

Frank Bartholomew fathered his son with Elizabeth Black. He subsequently signed a paternity agreement with Black.

Continue reading "Illinois appellate court won't rehear child support award case" »

The Illinois Appellate Court, 4th District held that the trial court did not err when it ordered the the respondent's child-support arrearage plus interest be paid from his workers' compensation settlement. Although WCA Section 21 bars a lien against worker's compensation beneifts, the income Withholding for Support Act provides an exception to the WCA's income exemtion.

Case name: Illinois, Sate of Dept. of Healthcare and Family Services b. Bartholomew, 17 ILWCLB211 (Ill.App.Ct., 4th 2009).

Bartholomew received a workers' compensation settlement of $175,000. The trial courted ordered that the mother of Bartholomew's child recieve $20,473.51 from the settlement as current child support and that $9,216.77 be applied toward child support arrearages and interest due to the Illinois Department of Health and Family Services under an administrative support order

Bartholomew did not object othe use of his workers' compensation settlement to pay current child support. He argued, however, that workers' compensation benefits are exempt from judicial process for child support arrearages pursuant to WCA Section 21. Specifically, Bartholomew, contended that a request for payment of an arrearage pursuant to a child support lien for payment of a past due suuport obligation is a debt that is barred from collection from his compensation settlement. The Illinos Appellate Court disagreed and affirmed the trial court, reasoning that the court's order was proper based on the statutory exception to income exemptions for the collection of child support.

Section 15(d) of the Income withholding for Support Act specifically includes workers' compensation payments in the definition of income. The section also states that any other state or local law purporting to exempt statutorily defined income does not apply to proceedings involving the collection of child support. The court concluded that although Section 21 of the WCA exempts workers' compensation awards from liability for debts, Section 15(d) of the Withholding Act creates an exception to that exemption for the collection of child support, including arrearages.

Furthermore, the court explained that applyng Bartholomew's workers' compensation settlement funds to his past due child support also serves the intent of the WCA to surnish a measure of financial protection to the worker and his dependents for injuries received by him which arose out of and in the course of his employment. Sections 7 and 8 of the WCA recognize a workers' dependents are intended beneficiaries.

If an employer issues a check to a claimant pursuant to a medical expense award and includes the medical provider as a payee on such check, the employer may be sugjecto to penalties and attorney's fees. The emploeyr has not right to interfere with the claimant's determination of how he distributes the proceeds of his award.

Case name: Carreno v. Cambridge Homes, 17ILWCLB 210 (Ill.W.C..Comm. 2009).

In a previous decision, the Illinois Workers' Compensation Commisison awarded Carreno 165 weeks of temporary total disability, $113,780 in medical expenses, and permanent partial disability for 250 weeks at $186 per week. After appeals to the Circuit court, appellate court and Supreme Court, the employer issued 18 checks. Two checks were made payable to Carreno and his attorney, representing TTD, PPD and interest, and 16 checks were made payable to Carreno, his attorney and corresponding medical providers.

Continue reading "Illinois employer's payment of medical expenses warrants penalties, fees" »

Payments by a group health carrier that qualify under the Illinois Workers' Compensation Act Section 8(j) constitute payments of compensation within the meaning of Section 6(d).

Case name: Ruberstell v. US Foodservice, 17ILWCLB 209 (Ill.W.C.Comm.2009)

The Illinois Workers' Comensation Commissioin remanded the case to the arbitrator to determine whehter payments of medical expenses by Ruberstell's group health carrier qualified as being made pursuant to the Illinois Workers' Compensation Act Section 8(j). As the manifestation date of the injury was determined by the Illinois Workers' Compensation to be Jan.16, 1998, Ruberstell would have had to file his application by Jan. 16. 2001, unless he filed the claim within two years from the date of the last payment of compensation related to his injury.

Continue reading "Group health carrier's payment of medical expenses tolls Illinois workers' comp statute" »

The Illinois Workers' Compensation Commission denied a claimant's request for surgery involving an artificial disk replacment.

Case name: Warner v. Kewanee Hospital, 17 ILWCLB 175 (Ill.W.C.Comm.2009).

Warner, a nurse at the defendant's hospital injured her back while helping to lift an unresponsive patient from a vehicle. She underwent a course of injections for discogenic pain. However, because she reported only minimal relief from the injections, her doctor recommended an artificial disk replacement, which if denied by insurance, could be substituted with a fusion. The arbitrator denied Warner's request for surgery. Based on Warner's lack of credibility, in addition to an opioid dependence, insignificant MRI findings, and lack of other objective findings to support her complaints, the arbitrator concluded that Warner was not a surgical candidate and denied any additional treatment. Upon review, the Illinois Workers' Compensation affirmed and adopted the decision of the arbitrator.

Based on the element of surprise due to the defendant's last-minute refusal to tender the Section 12 examination reports to the claimant, the arbitrator erred in denying the claimant's request for a continuance. Also, the Illinois Workers' Compensation Commission increased the arbitrator's permanent disability award from 10 percent to 50 percent loss of use of the right leg under Section 8(e)12 of the Ilinois Workers' Compensation Act.

Case name: Giunta v. Chicago, City of, 17 ILWCLB 140 (Ill.W.comm. 2009).

The arbitrator awarded Giunta permanent disabilty benefits under Section 8(e)12 for 10 percent loss of use of the right leg. On appeal, the Illinois Workers' Compensation Commission found that the arbitrator erred in denying Giunta's request for a continuance

Continue reading "Element of surprise entitles Illinois Workers a continuance" »

Based on the element of surprise due to the defendant's last-minute refusal to tender the Section 12 examination reports to the claimant, the arbitrator erred in denying the claimant's request for a continuance. Also, the Illinois Workers' Compensation Commission increased the arbitrator's permanent disability award from 10 percent to 50 percent loss of use of the right leg under Section 8(e)12 of the Ilinois Workers' Compensation Act.

Case name: Giunta v. Chicago, City of, 17 ILWCLB 140 (Ill.W.comm. 2009).

The arbitrator awarded Giunta permanent disabilty benefits under Section 8(e)12 for 10 percent loss of use of the right leg. On appeal, the Illinois Workers' Compensation Commission found that the arbitrator erred in denying Giunta's request for a continuance

Continue reading "Element of surprise entitles Illinois Workers a continuance" »

The Illinois Workers' Compensation Commission reversed the arbitrator's decision and found that an employer/employee relationship existed between the claimant and defendant and that the claimant was entitled to temproary total disabillity benefits and reimbursement for medical expenses.

Case name: Diaz v. Supreme Catering Co., 17 ILWCLB 118 (Ill.W.C.Comm.2009).

On May 16, 2005, Diaz was injured while driving a catering truck for the defendant. The defendant's business included leasing, supplying and maintaining catering trucks, as well as vending machine sales and service. More than 80 people drove catering trucks for the defendant, and the defendant employed three supervisors to oversee the drivers. The defendant contended that it was not liable for benefits because Diaz worked as an independent contractor, not an employee. Relying on case law and Diaz's credible testimony, a Commission majority held that an employment relationship existed between the parties and the defendant was liable for benefits. Although the defendant paid Diaz no wages, the Commission found this fact, alone, was insufficient to negate the impact of the significant control the defendant exercised over Diaz.

Continue reading "Control over Illinois catering truck driver provides convincing evidence of employment relationship" »

The Illinois Workers' Compensation Commission modified the arbitrator's average weekly wage calculation and otherwise affirmed and adopted the decision of the arbitrator. The arbitrator failed to include the claimant's sick/vacation/holiday pay and erroneously included overtime earnings beyond the two hours per day as required under the bargaining agreement.

Case name: Aldridge v. Yellow Freight Systems, 17 ILWCLB 124 (Ill.W.C.Comm. 2009).

Aldridge, a truck driver the for the defendant, injured his rightknee when he slipped and fell on ice that had accumulated on the steps of his truck door. In reviewing the arbitrator's average weekly wage computation, the Commisison found that the arbitator failed to include Aldridge's 210 ourse of sick/vacation/holiday pay and erroneously included overtime earnings beyonw the two hours per day as required under the bargaining agreement between the defendant and the local union. Although the wage statement indicated a total of 594 overtime hours, the Commission found only 387 hourse should be included in the calculation of Aldridge's average weekly wage.

Continue reading "Bargaining agreement provides limits on amount of overtime included in an average weekly wage" »

The Illinois Workers' Compensation Commission held that the claimant was entitled to benefits for injuries sutained while attending the employer's holiday bowling party.

Case name: Bougart v. Capmark Financial Inc., 17 ILWCLLLLB 120 (Ill.W.C.Comm.2009)

Bougart, an assistant vice president for the defendant, was injured during a Christmas bowling party. In awarding benefits, the arbitrator found Bougart credibly testified that she received subtle pressure to attend the event. The arbitrator also relied on the testimony of two coworkers in finding that attendance at the party was encouraged and, at the very minimum, there was subtle pressure to attend. Furthermore, the arbitrator determined that the defendant derived a benefit from having the party. Based on this evidence, the arbitrator found Bougart's injury arose out of and in the course of her employment.

Continue reading "Illinois employee wins benefis for injury sustained at company party" »

The US district Court, Northern District of Illinois granted the defendant's motion for summary judgment. The plaintiff presented no genuine issue of material fact that the stated reason for his termination was pretextual.

Case name: Gacek v. American Airlines Inc., 17 ILWCLB 128 (N.D. Ill. 2009).

Gacek, a fleet service clerk for the defendant-airlines, injured his finger while unloading baggage. He was diagnosed with a sprained finger and released to light dtuy with a splint. The next week. Gacek called in sick with the flu for three consecutive days. He was subsequently terminated for misrepresentign the facts surrounding his sick calls. In October, 2008, Gacek filed a claim for workers' compensaiton benefits. Gacek then filed the instant suit against the defendant, claiming he was fired for exercising his rights under the WCA. The District Court granted summary judgment in favor of the defendant, as Gacek failed to establish that the exercise of his workers' compensation rights caused his termination.

Continue reading "Illinois worker fails to establish case of retaliation" »

The Illinois Workers' Compensation Commission held that the claimant was permanently totally disabled as a result of
post-traumatic stress disorder and several other mental conditions that developed as a result of a physical attack by a patient.

Case name: Keithley v. Illinois Depart. Of Human Services, 16 ILWCLB 207 (Ill.W.C.Comm. 2008)

Keithley was attacked by a patient, resulting in sirgery for right rotator cuff tear, labral tear, and distal clavicle resection. Keithley was also diagnosed with post-traumatic stress disorder, anxiety, agoraphobia, and panic attacks. Keithely subsequently moved to a remote area in Arkansas because of her agoraphobic symptoms. She began worknig as a Medicare review nurse. Keithley testified that her job duties removed her from contact with patients except for her passage through nursing homes. While in Arkansas, Keithley was walking through a nursing home when an elderly resident innocently reached ou to touch Keithley.

Continue reading "Illinois workers' refusal to obtain treatment for mental disability fails to undermine PTD award" »

The Illinois Workers' Compensation Commission denied benefits to a police offcer who injured his knee while stepping off an escalator after testifying at court, as there was no increased risk of injury.

Case name: Goniwicha v. Naperville Park District, 16 ILWCLB 200 (Ill.W.C.Comm.2008).

Goniwichia, a police officer, appeared at the county courthouse to testify at a trial on behalf of the defendent. After he testified and was excused from the court room, Goniwicha took an escalator to a lower floor. When he reached the landing, he stepped, turned, and experienced pain in his right knee. He testified that his right foot "caught" on something. He under went medical treatment, including arthroscopic surgery. He further testified that prior to this incident, he had previous surgery to this right knee.

Evidence indicated that the escalator was in an area open to the general public. Goniwicha explained that there was no defect with the escalator or landing. Further, there was no evidence that the defendant required him to hurry down the escalator.

Continue reading "Illinos Officer fails to secure benefits for knee injury on escalator" »

The Illinois Workers' Compensation held that a worker who had to undergo a splenectomry due to a work accident was entitled to permanent disability benefits under Section 8(d)2 of the WCA for 25 percent loss of use of the person as a whole. Also, the employer must authorize and pay for any ongoing medical expenses as indicated by the treating doctor, including vaccinations and antibiotics, and treatment for fevers regardless of the determined cause.

Case name: Dersch v. Dersch Energies, Inc., 17 ILWCLB 114 (Ill.W.C.Comm. 2009).

Continue reading "Illinois employer must cover worker's future treatment" »

The Illinois Workers' Compensation Commission vacated an award of permanent total disaiblity benefits and instead found the employee suffered a 100% percent loss of use of the left leg under Section 8(3)12 of the Illinois Workers' Compensation Act due to a below-the-knee amputation.

Case name: Kindred v. Wackenhut Corp., 17 ILWCLB 113
(Ill.W.C.Comm.2009).

Continue reading "Illinois employee loses PTD award despite amputation" »

The Illinois Workers' Compensation Commission modifies the arbitrator's decision in which he awarded 21 weeks of temporary total disability benefits for the worker's low back disability. Despite the recommendations set forth in a utilization review, the Commission found the defendant liable for the cost of a discogram and an intradiscal electrothermic therapy (IDET) procedure.

Case name: Garcia v. Executive Mailing Service, 17 ILWCLB 103 (Ill.W.C.Comm.2009).

Summary: Garcia injured his back while working as a forklift operator. His doctor indicated that an MRI revealed two small disc herniations while the employer's evaluating doctor opined that Garcia had small bulges but no herniations. He received a variety of treatments without any long-term benefits. The arbitrator awarded 21 weeks of temporary total disability benefits but denied certain medical expenses based on utilization reports. Pursuant to the utilization reviews, the arbitrator denied the cost of physical therapy after Feb. 25, 2008, transforaminal injections, IDET procedures, discogram and facet injections. However, the arbitrator found compensable the reasonable cost of evaluations, examinations, a lumber medial branch block, and other treatment. Upon review, the Commission modified the arbitrator's decision to require the defendant to pay for the discogram and IDET procedures.

The Commission noted that while utilization review reports are relevant, they are not intended necessarily to be dispositive. Rather, the reports should be treated as evidence to be assessed just like all other evidence. Also, the Commission found that the untilization review criteria regarding the recommended discogram and IDET procedure "may be a bit too strict." The utilization review appeared to discount IDET completely as a certifiable treatment because of the lack of precise proof of its efficacy. Also, the Commission noted that the basis for rejecting the discogram, because of the lack of "documentation of consistent and overwhelming evidence" of pathology, appears to be unduly rigid, as the discogram is primarily a diagnostic tool. It would be difficult to establish " consistent and overwhelming evidence" of pathology without a discogram.

The Appellate Court of Illinois, 1st District held that a worker's smoking did not rise to the level of an nitervening cause or sufficient injurious practice to warrant the denial of enefits even though the smoking may have been the cause of the worker's failed back fusions. However, the court reversed the Illinois Workers' Compensation Commission's award of penalties and attorney's fees as the emploeyr could reasonably rely on the opinion of the independent medical examiner.

Case Name: Global Products v. Hall, (IWCC), 17ILWCLB 98 (Ill.App.Ct., 1st 2009).

Continue reading "Illinois laborer wins benefits evn though his smoking contributed to failed back fusions" »

The Illinois Workers' Compensation Commission awarded TTD benefits for 25 weeks and $9,059 in medical expenses for the lineman's right leg injury. The Commission also found that he sustained permanent disability under Section 8(e) for the loss of 55% of the right leg, in addition to a previous loss of 20 %, for a total loss of 75% of the right leg.

Case name: Collins v. AT&T, 17 ILWCLB 101 (Ill.W.C.Comm.2009).

Summary: Collins was working as a lineman, doing installation and repair work, whe he fell and twisted his right knee. An MRI showed a tear of the medial meniscus with progression of chondromalcia in the medial knee compartment and a Baker's cyst. He underwent arthroscopic surgery. The postoperative diagnosis included right knee medial meniscal tear and chondromalacia. His symptoms continued after surgery and he underwent a second surgery. Collins reported signifcant pain relief, but there was still mild swelling in the right knee. Range of motion was limited. He was released to full activities and returned to his former job. He restified he notices pain in his rightknee when going up a ladder, standing, walking, getting out of bed in the morning, and getting in and out of his truck. Before his accident, he regularly worked voluntary overtime. Now he only works overtime when it is mandatory. He takes pain medication two to three times a day. Also, his productivity is down because he is working at a slower pace due to his right knee condtiion. When he has to climb a ladder, he does it by stepping up with the left leg and dragging the riight one up. He goes up stairs at home the same way. Collins had a prior work-related injury to his right leg which was settled for 20% loss of use pursuant to Section 8(e) for which the employer is entitled to a credit. Based on the evidence, the arbitrator found Collins sustained the permanent loss of his right leg to the extent of 55% as a result of the work accident. This loss, in addition to his prior loss of 20% of the right leg resulted in a total impairment of the right leg of 75%. Upon review, the Commission affirmed and adopted the decision of the arbitrator.

In denying benefits, the Illinois Workers' Compensation Commission held that the employee failed to demonstrate good cause for a cointuance to obtain an independent medical examination.

Case name: Neal v. Rockford Memorial Hospital, 17 ILWCLB 91 (Ill.W.C.Comm.2009).

Neal alleged she suffered a repetitive trauma injury to her hands and wrists due to her cleaning duties for her employer. The arbitrator denied benefits. In affirming, the Illinois Workers' Compensation Commission clarified the issue regarding Neal's request for a continuance. The arbitrator heard the claim on May 15, 2008. Before any evidence was taken, Neal's attorney requested a continuance to obtain an IME. The employer's attorney objected because Neal's former attorney had represented, prior to the March 23, 2007, deposition of the employer's Section 12 examiner, that he did not intend to have Neal examined. Relying on Marks v. ACME Industries, in which the Commission held that the "hearing" referred to in Section 12 commences with the deposition of a treating doctor, the arbitrator denied Neal's request.

Continue reading "Dely in obtaining examination topples request for continuance" »

The Illinois Workers' Compensation Commission awarded temporary total disaiblty and medical benefits to a teacher who injured her neck due to two incidents at the workplace.

Case name: Bevenue v. Illinois Center for Autism, 17 ILWCLB 86 (Ill. W.C.Comm. 2009)

Summary: Bevenue, a physical education teacher and therapist for autistic children, underwent a cervical fusion in 2001 and returned to full-duty work. On Aug. 20, 2007, she injured her neck when a teenage student grabbed her. She experienced spasms down her neck and headaches and sought chiropractic treatment. She continued working until Oct. 24, 2007, when she suffered another incident at work. A teenage student grabbed her hair and would not let go. The surgeon who performed Bevenue's 2001 fusion reviewed a CT scan and concluded that there never was an absolute fusion resulting from the 2001 surgery. An orthopedic spine specialist diagnosed a central disc herniation and failed fusion. The employer's Section 12 examiner diagnosed a cervical sprain and pseudoarthrosis wtih broken screws. He explained that the pseudoarthrosis was a preexisitng condition and that Bevenue's current symptoms were due to the pseudoarthrosis. The arbitrator awarded TTD and medical benefits. Upon review, the Illinois Workers' Comepnsation Commissin affirmed and adopted the decision of the arbitrator.

Continue reading "Illinois teacher proves neck injury is work related" »

On Wednesday, the Illinois Workers' Compensation Commission announced its first work stop order in the closing of a business in Illinois for failure to comply with Illinois' mandatory Workers' Compensation Insurance requirements.

All Good Dogs Pet Care was forced to stop all work by the IWCC and the City of Evenston. They operate a store front in Evanston at 941 Chicago Ave. They employ dog walkers in six suburbs.

The authority of the IWCC to issue a work-stop order was strengthened by the state legislature in 2005. The IWCC has the authority to issue a work stop order against a state employer if the employer knowingly fails to carry workers' compensation insurance.

Continue reading "Illinois Workers' Compensation Commission issues first work stop order against Evanston employer" »

The fact that a worker falls into two risk categories for the development of a medical condition does not necessarily block a benefit award, especially where the worker's medical expert recognizes these risk factors and still opines that the worker's work activities were a contributing factor n the development of her condition.

Malick v. Innertech-Nashville, 17 ILWCLB 63 (Ill.W.C.Comm. 2009).

Malick worked for her employer since May 1997 as an assembler, Her duties required her to snap two parts of a door together and put the parts into a machine. She explained that her machine had been malfunctioning and it required a substantial amount of pressure to reach up underneath the doors and snap the doors together while the machine was in progress. Her rate was approximately 400 doors per day. She started feeling problems with her shoulder in January 2007. As her discomfort increased, she sought treatment in September 2007. She was diagnosed with adhesive capsulitis. In awarding benefits, the arbitrator recognized that Malik fell into two main risk categories for the development of adhesive capsultitis 1) middle-aged women: and 2) insulin-dependent diabetics. However, the arbitrator relied on the testimony of Malik's doctor who opined that the repetitive duties performed by Malik for the employer were also a contributing factor in the development of her symptoms. In so holding, the arbitrator found the opinions of Malik's doctor more thorough and well-reasoned than the opinions of the employer's expert. Also, the employer's expert failed to explain the effect of repetitive stress on the development of adhesive capsulitis. Upon review, the Illinois Workers' Compensation Commission affirmed and adopted the decision of the arbitrator.

The Illinois Workers' Compensation Commission awarded medical, temporary total and permanent partial disability benefits, but denied vocational rehabilitation to a worker who injured his back and neck at work.

Hays v. Cal's Collision Center, 17ILWCLB 66 (Ill.W.C.Comm.2009).

On Jan 30, 2003, Hays, an auto body repair technician, injured hisn eck and back in a slip and fall accident at work. An MRI revealed diffuse cervical spondylosis with ostephytes and bulging disc, spinal stenosis and disc protrusion. He underwent surgery and physical therapy. In December 2005, Hays requested vocational rehabilitation, which the defendant denied. Hays then contacted the defendant seeking to return to work within his restrictions. Hays testified that he applied for a job as a car porter at several different car dealerships but did not receive a job offer. The Illinois Workers' Compensation Commission found that Hays was entitled to $75,965.25 in medical expenses and 65 weeks of temporary total disability, but denied Hays' request for vocational rehabilitation.

The Illinois Workers' Compensation Commission noted that Hays waited two years after reaching MMI to proceed to trial. In the interim, Hays had been off work and was receiving Social Security Disability income. Hays testified at the hearing that he believed he was incapable of sustaining gainful employment. Accordingly, the Commission was persuaded by Hays' conduct that vocational rehabiliation would be to no avail, notwithstanding that no physician opined that Hays was totally incapacitated from employment.

The Illinois Workers' Compensation Commission further found that the Hays' injuries caused him to be permanently disabiled to the extent of 45 percent loss of use of the person as a whole. Hays testified that he continues to have pain when he stands, walks or sits. He has trouble lcompleting household chores and must rest after minutes of activity.

The Illinois Appellate court, 2nd District affirmed the Illinois Worker’s Compensation Commission holding that the arbitrator erred in ordering the recall of his first decision and issuing a second decision. Therefore, the arbitrator’s second decision was null and void, and the first decision was the final decision of the Commission.

Smalley Steel Ring Co., v. (Diaz), Illinois Workers’ Compensation Commission, 16 ILWCLB 232 (Ill.App.Ct., 2nd 2008).

In his first decision filed on April 7, 2005, the arbitrator found the claimant’s case compensable. On May 10, 2005, the employer filed an emergency motion to recall the arbitrator’s decision and reopen proofs. The employer alleged it discovered new evidence from a coworker regarding the claimant’s true identity and his prior injuries. The arbitrator granted the motion. On Nov. 15, 2005, the arbitrator issued a second decision finding the claimant acted fraudulently and lacked credibility. The arbitrator denied benefits. On appeal, the claimant argued that the arbitrator lacked jurisdiction to recall his first decision, reopen proofs, and reissue a decision. The Commission agreed, holding that the first decision issued by the arbitrator was the final decisions of the Commission, that the arbitrator erred in reopening proofs and issuing a second decision, and that the second decision issued was null and void. The Circuit Court confirmed the Commission’s decision. The Illinois Appellate Court held that the Commission properly found that the arbitrator did not have the statutory authority to recall his first decision, reopen proofs and issue a second decision.

Section 19(f), of the WCA is the only provision under which an arbitrator has jurisdiction to recall decisions. Pursuant to Section 19(f), the Commission may reopen or modify a final award for clerical errors or errors in computation. No such errors were present in this case. The court explained that no other provision of the WCA provided for the filing of the employer’s motion or the arbitrator’s actions in granting that motion, reopening proofs, and issuing a second decision. Therefore, the employer’s motion and the arbitrator’s second decision were nullities.

Also, the court explained that fraud is not a basis for extending the statutory authority of the arbitrator or the Commission. Sections 19(b) and 19(f) provide for the finality of the arbitrator’s and the Commission’s decision, respectively, when further review has not been sought by either party within a particular time frame. Each section also provides for conclusive decisions “in the absence of fraud.” In Michelson v. Industrial Commission, the Illinois Supreme Court declined to find that the legislature intended the “in the absence of fraud” language to give the Commission the authority to set aside its orders on the ground of fraud.

As the arbitrator did not have statutory authority to act, he was without jurisdiction to recall his decision, reopen proofs and issue a second decision.

The Illinois Workers' Compensation Commission awarded permanent total disability benefits to a senior sales representative for an insurance company who injured his back. The worker had proven by a preponderance of the evidence that he had a complete disability rendering him wholly and permanently incapable of work.

Rujewski v. Humana Inc., 17 ILWCLB 33 (Ill.W.C.Comm 2008).

Rujewski, a highly educated and experienced businessman, injured his back while working as a senior sales representative for the defendant. His job duties were to sell professional medical services to large groups by soliciting actual client groups and brokers. He would prepare quotes, make presentations and sales calls and conduct open enrollments. Much of the work was done out of the office and involved driving 300 to 350 miles per week. The year before his accident, he earned over $250,000. He was 60 years old at the time of the trial and had not worked since undergoing low back surgery in April 2004. The treating surgeon opined that Rujewski was permanently and totally disabled, while the defendant's examining doctor believed that Rujewski could do some type of work with physical restrictinos and accommodations. The defendant's vocational expert opined that there was no indication that Rujewski could not peform in his usual and customary line of employment based upon his education, work experience and physical capacity.

Continue reading "Illinois businessman awarded PTD due to inability to concentrate because of pain and narcotic medication" »

The Illinois Workers' Compensation Commission awarded permanent disability under Section 8(d)2 for 50 percent loss of use of a person as a whole for heart problems suffered as a result of a worker's stressful work as a firefighter/paramedic.

Collignon v. Arlington Heights, Village of, 17 ILWCLB 25 (ILL.W.C.Comm.2008).

In establishing a claim under the Occupational Diseases Act (ODA) for disabling coronary artery disease due to a stressful work environment, a worker's family history, preexisting hypertension and elevated cholesterol levels will not block his benefit claim, so long as the actual hazards that are unique to his work duties were a causative factor in aggravating, accelerating or precipitating his disease.

Continue reading "Illinois Firefighter/Paramedic secures benefits for heart condition" »

The Illinois Workers' Compensation Commission awarded temporary total disability (TTD) benefits and medical expenses to a laborer who aggravated a preexisting condition when she bent over at work.

Riley v. International Paper, 17ILWCLB 3 (ILL.Ind.Comm. 2008).

Riley, a laborer, operated seven machines at her employer's facility. Her duties required that she lift stacks of paper blanks, push carts and lift and dump barrels. On Nov. 15, 2006, Riley bent down to pick up a stack of blanks when she felt pulling and popping in her back. She acknowledged prior mild low back problems and that she began to feel some pain one week before the work incident. Riley reported that on the day of the incident, she had rotated to a different department which required more repetitive bending and twisting at the waist and more walking than normal. X-rays performed Nov. 8, 2006, showed spondylolisthesis with degenerative disk disease. The arbitrator denied benefits, reasoning that the claimant's act of bending down was not covered by the Workers' Compensation Act. However, the Illinois Workers' Compensation Commission reversed, finding that Riley's risk of back injury was greater than that of the general public.

In awarding benefits, the Commission relied on Komatsu Dresser Co. v Industrial Commission in which the appellate court affirmed a benefit award to a machine operator. The Komatsu court ruled that the frequency at which the claimant was bending and the method in which the claimant had to bend and lift without bending his knees increased his exposure to a risk of injury greater than that of the general public. Therefore, the fact that bending is a normal activity did not preclude a finding that the claimant's injury arose out his employment

Similarly, Riley's duties in this case required much more bending and lifting than ordinary activities of daily life would necessitate. Also, Riley indicated that to retrieve blanks, she had to bend in a somewhat awkward position. Thus, Riley's risk of back injury was greater than that of the general public.

The Illinois Workers' Compensation Commission held that the police officer's injuries, sustained after being assualted by a family member, were the result of a personal, domestic situation and did not arise out of his employment as a police officer.

Officer Young was working as a resident officer in the Elgin police department's "ROPE" program. Through this pogram, police officers live in houses in designated trouble neighborhoods and become involved in community policing. A ROPE officer has not standard hours, but is paid based ona a 40-hour wee. If the officer needs to work more than 40 hours a week, he is paid overtime.

Continue reading "Elgin Police Officer fails to secure Workers' Compensation benefits for assault by a family member" »

The Illinios Workers' Compensation Commission awarded medical expenses and temporary total disability benefits to an injured worker for multiple foot fractures and a plantar fasciitis condition. Also, the commission affirmed the aribtrator's assessment of penalties and attorney's fees for the employer's failure to pay temporary total disability benefits

The employee worked for the employer installing and servicing satellite dishes and receivers. On the date of the accident, the claimant fell 25 feet off a ladder while performing an installation, causing multiple fractures to his left heel. He also developed plantar fasciitis. The arbitrator awarded $512 in medical expenses and 38 weeks of temporary total disability benefits.

Continue reading "Illinois employer's promise to pay benefits triggers penalties" »

According to an Illinois state appeals court, an employer cannot deny permanent total disability benefits for undocumented workers on the basis that their illegal status would keep them from working in the U.S. legally.

On December 12, 2008, the 1st Judicial District Appellate Court said the 1986 Immigration Reform and Control Act does not preclude the payment of workers' compensation benefits to undocumented workers.

In May of 2002, Ramona Navarro, a Mexican national, slipped and hurt herself wile working for Economy Packing Co. An arbitrator of the Illinois Workers' Compensation Commission awarded Navarro 60 weeks of Temporary Total Disability benefits and Permanent Total Disability benefits for life. Navarro was also found to be an "odd-lot" worker, which meant she was permanently and totally disabled from doing her former job. Due to her limited skills she was unable to find other work.

The Illinois Workers' Compensation Commission agreed and the trial court upheld the decision. Economy Packaging appealed the decision arguing that "undocumented aliens" are unemployable because of their illegal status and regardless of their physical capabilities.

According to Economy, Navarro needed to prove that she was unemployable based on her age, training, education and experience in order to receive benefits under the odd-lot theory.

The appeals court disagreed. Navarro would still be able to work elsewhere had she not been injured while working for Economy even though immigration laws prevented Navarro from working legally in the U.S.

Additionally, the employer has the burden of providing "sufficient evidence that suitable jobs would be regularly and continuously available to the undocumented alien but for her legal inability to obtain employment."

The Illinois Workers' Compensation Commission held that and Illinois worker's permanent disability award was limited to 5% loss of use of a person as a whole pursuant to Section 8(d)(2) of the Illinois Workers' Compensation Act.

After returning from an out-of-town family emergency, the worker chose not to work for the defendant. Also, the worker failed to prove a permanent inability to return to his former job.

Where a worker no longer has light-duty work restrictions, the fact finder will not assume that the employer would not have permitted him to return to his regular job. The worker must prove a permanent inability to return to his former job in order to qualify for a wage differential award under Section 8(d)(1) of th WCA.

Continue reading "Illinois worker fails to prove inability to return to his former job" »

The Illinois Workers Compensation Commission awarded permanent total disability benefits to an employee who suffered an embolic stroke and brain damage after shoveling snow for several hours at work.

Where expert medical testimony indicates that a claimant's work activity increased his blood flow, thereby causing a pre-existing benign tumor in his heart to break up and cause obstructions in blood flow, the worker's resulting brain damage and other injuries are compensable under the WCA.

Continue reading "Illinois machine operator secures workers comp benefits" »

An Illinois employee is not entitled to collect TTD benefits after he voluntarily removes himself from the workforce for reasons unrelated to his injury. An employee's termination for cause constitutes such a voluntary removal.

The worker, a union carpenter, injured his head and neck while working. He eventually returned to light-duty work. The employer accommodated the worker's restrictions, but subsequently terminated him for defacing company property. Specifically, the worker had written religious inscriptions with permanent marker on the walls and shelves in a storage room. The arbitrator found the claimant not entitled to TTD benefits after his termination. However, the Illinois Workers' Compensation Commission and circuit court disagreed. The Illinois appellate court reversed the decision of the Illinois Workers' Compensation Commission and the circuit court, holding that the worker was not entitled to collect TTD benefits after he voluntarily removed himself from the workforce for reasons unrealted to his injury.

The overriding purpose of the Illinois Workers' Compensation Act is to compensate an employee for for lost earnings resulting from a work-related disability. Allowing an employee to collect TTD benefits from his employer after he was removed from the workforce as a result of volitional conduct unrelated to his injury would not advance the goal of compensating an employee for a work-related injury. Rather, it would provide a windfall by continuing to compensate the employee despite the fact that the cause of the lost earnings after the employee's departure is unrelated to the injury.

In this case, the court noted that the worker presented evidence that his condition had not stabilized at the time he was discharged. However, he had been released to light duty work and had been able to perform such work for the defendant. Further, the claimant admitted he did not have permission from the employer to write on the walls and shelves in the storage room and that the writings were not related to his job duties. The carpenter tacitly conceded that he was removed from the workforace as a result of volitional acts unrelated to his injury. But for his conduct in defacing the employer's property, the claimant would have continued receiving TTD benefits until his condition had stabilized. The court
concluded that the worker's volitional acts resulting in termination for cause rendered him no longer entitled to TTD benefits.

Where a doctor's opinion regarding the permanency of a worker's condition is based on the worker's inability to undergo surgical intervention due to the employer's failure to provide authorization, then the worker has not yet reached maximum medical improvement.

On November 24, 2000 the employee was severely injured when he fell from a broken chair and landed on a concrete floor. An MRI of the thoracic spine confirmed a herniated disk with spinal cord encroachment and displacement. The arbitrator awarded 238 weeks of temporary total disability benefits from Dec. 5, 2000 through June 30, 2005, permanent total disability benefits, medical expenses and penalties and fees pursuant to Sections 19(k), 19(l) and 16. Upon review the Illinois Workers' Compensation Commission modified the arbitrator's decision by vacating the permanency award and extending the award for temporary total disability through March 7, 2007, the date of the hearing. The arbitrator awarded TTD through June 20, 2005, the date the treating doctor opined that the claimant was permanently and totally disabled from returning to work. However, the Commission noted that the employer refused to authorize recommended fusion surgery for the claimant. On March 10, 2005, a shoulder specialist recommended right shoulder arthroscopic surgery, but again the employer would not approve the surgery. The treating doctor's opinion as to the permanent nature of the employee's condition was based on the employee's inability to undergo surgical intervention due to the employer's failure to provide authorization. Because surgical intervention is still pending, the Illinois Workers' Compensaiton Commission found that the employee has not yet reached maximum medical improvement. Therefore, the employee was entitled to 326 weeks of temporary total disability benefits, through the date of the hearing.

Furthermore, the record was clear that the intention of the parties was to try this case pursuant to Section 19(b) of the WCA. The parties did not list nature and extent as one of the issues in dispute and therefore were not prepared to argue nature and extent of the employee's disability. Based on the lack of notice and potential prejudice, the Illinois Workers' Compensation Commission vacated the arbitrator's permanency award.

Dr. David Fletcher, an Illinois occupational medicine specialist, has asked the University of Illinois to help establish a new source of impartial information and research on Illinois Workers' Compensation issues.

Dennis Ruth, who resiged as Commissioner earlier this month thinks it's a good idea. "One of the things we see in complaints about the system is there is not a lot of research on workers' comp in Illinois. You get either anecdotal information or limited information...from a special interest group."

The "antiquated computer system" limits the Illinois Workers' Compensation Commission's (IWCC) abiltiy to do research. "So something like what (Fletcher) has proposed could be very helpful in addressing issues. It would be good to have information provided by someone with no particular axe to grind."

Dr Fletcher told WorkCompCentral that he has conducted some "preliminary discussions" with Robert Rich the director of the university's Institute of Government and Public Affairs in Urbana. Dr. Fletcher believes that a center should be established in order to conduct impartial and objective studies on Illinois workers' compensation.

"I believe there is a need for nonpartisan studies and informaton on our workers' compensation system," Fletcher said.

Dr. Fletcher, citing "discrepancies in studies by organizations such as the National Council of Compensation Insurance and the Workers' Compensation commission, has become frustrated. Dr. Fletcher believes that objective studies from a netural source in the state would benefit all those involved in the Illinois workers' compensation system, thereby reducing litigation.

To read the complete article click here

The Illinois Workers' Compensation Commission denied benefits to a telecommunications
salesperson who was assaulted by a customer. The claimant worked as an account executive for Allegiance Telecom. He was responsible for selling services to businesses, including long distance and Internet. The claimant was in the area of the client's business and decided to make an improptu appointment. He called just before his visting.

Upon entering the premises, the of owner of the business acted in an angry manner. The worker left the building, but the owner followed him outside and struck the claimaint in the face. In a police report, the worker stated he went to the business to collect money owed him by the owner.

An Arbitrator of the Illinois Workers' Compensation Commission denied benefits as the attack upon the claimant was not occasioned by a business-related reason, but rather, by a personal reason. Upon review, the Commission affired and adopted the decision of the Arbitrator.

Based on the police reoprt and the tesitmony of all the witnesses, the arbitrator concluded that the reason the claimant made an impromptu call to the business owner was to collect a private debt owed him by the business owner. Therefore, the assault did not arise out of or in the course of the claimant's employment.

Officials announced Friday that a study was going to be conducted into why coal miners decline free x-rays to check for black lung disease.

According to the National Institute for Occupation Safety and Health several states have low rates of participation by coal miners with fewer than one-third choosing to receive the free x-ray.

Steve Earle with the United Mine Workers of America union, says that, " Workers' Compensation laws have become so restrictive that most miners diagnosed with the debilitating disease don't qualify for benefits." As a result, the miners skip the health screening that could have them be considered "damaged goods" by employers.

"What's the need in doing it," asked Michael Cardell a miner from Clay Kentucky who has worked in the mines for 30 years. "If you've got it, they won't do nothing for you."

According to Thomas Moak, a Coalfield lawyer, the politicians have made it too hard for afflicted miners to qualify for benefits. "Right now, there are very few benefits miners can receive if they test positive," says Moak.

Under current Kentucky law, miners diagnosed with black lung, have to be examined by a panel of five doctors before benefits can be awarded.

Click here to read the full article

The U.S. 6th Circuit Court of Appeals reinstated a lawsuit brought by Michigan workers against their Illinois based employer, Cassens Transport Company. The lawsuit alleges that the employer, the Workers' Compensation insurance company, Crawford & Company and physician Dr. Saul Margules, committed mail fraud, wire fraud and violated the federal Racketeer Influenced and Corrupt Organizations Act or RICO Act.

The workers claimed they were fraudulently denied Workers' Compensation benefits.

Attorney Marshal Lasser, an attorney in Southfield has been representing current and former employees Paul Brown, William Fanaly and Charles Thomas. Lasser was stunned and pleased by the Court's ruling. "I've been fighting this battle for many, many years," Lasser said. "There are a lot of people who I believe are suffering because of unlawful denial of workers' comp claims, for which there is not relief under Michigan law."

The ruling however, does not mean the workers have won their case. It means the lawsuit can proceed in a Detroit US Disctrict Court.

Attorney, Janet Lanyon, who represented the defendants in the case, could not be reached for comment.

Illinois employer employer who relied on physician’s opinion assessed penalties

An Illinois arbitrator’s decision that awards penalties against the employer is affirmed and adopted by the Illinois Workers’ Compensation Commssion.

When denying a claim, an Illinois employer cannot rely on an unreasonable physicians opinion that the work-related injury did not cause the claimant’s current condition when the employer also has clear and un-rebutted evidence that the injury caused the current condition.

The arbitrator awarded penalties and attorney’s fees against the employer, finding the employer’s reliance on it’s physicians recommendation unreasonable in light of the clear facts surrounding the claimant’s injury. The 30-year-old claimant experienced left shoulder pain while moving a handcart. He reported to the employer’s medical department and underwent physical therapy for one month. Several months later the claimant requested medical attention, complaining of “popping, grinding sounds” in the same shoulder. An employee in the medical department wrote a note that she did not “like what she felt on this shoulder.” An MRI revealed that if trauma occurred, a contusion might exist. A physician, at the employer’s request, examined the claimant’s records without examining the claimant himself and concluded that the previous work-related injury did not cause the claimant’s current MRI findings because the MRI findings showed a degenerative disease. However, this opinion was dismissed by the claimant’s surgeon, who performed surgery and corrected his condition. The surgeon stated that the claimant’s injury was a well-know cause of the type of tear found in his shoulder. Because the employer relied on the unreasonable opinion of its physician to deny the claimant benefits when the circumstances of his injury were clear, the arbitrator awarded statutory penalties and attorney’s fees against the employer.

The arbitrator awarded the claimant a total of $18,554.40 in penalties and $3,710.88 in attorney’s fees.

Under the Illinois Workers' Compensation Act, an injured employee is required to submit to an examintion by an insurance company doctor. Most often, these examinations are to the benefit of the insurance company. They are used to get an injured worker back to work (usually before their doctor says they are ready) and result in the termination of Temporary Total Disability beneifts (TTD).

If this has happened to you, contact our office at 800-437-2571 for a free confidential consultation with an experienced Workers' Compensation attorney.

An update on the Illinois Workers' Compensation Commission will be given by Commissioner Dennis Ruth at the 16th annual Work Injury Conference which will be held on October 21 at the I-Hotel and Conference Center in Champaign, Illinois.

This year's theme of the conference ""The Reality of the Illinois Workers' Compensation System: Culture Change, Culture Shock," alludes to the skepticism employers have about promised reform in the Illinois Wokers' Compensation system.

Scheduled to speak at the conference are State Rep. David Reis, R-Effingham, and Lobbyist Jay Shattuck. Their discussions will address what changes are needed to to the Illinois Workers' Compensation system in order to make Illinois more competitive in the job market.

Also scheduled to speak at the conference is Brad Cooper, chief executive officer of Corporate Wellness. Mr. Cooper's discussion topic is the wellness strategies employers can implement to help prevent workplace injuries.

Additional conference speakers will include:

Jeff Sunderlin, Illinois Department of Public Health
Bruce Bonds, Attorney, Heyl Royster Voelker & Allen
Jeff Frederick, Frederick and Hagle
Ron Bensyl, GTPS Insurance
Mike Weber, Safety Director, Super-Valu
Tom Grey, Safety Consultant, Grey and Associates
Dr. Lawrence Li, Orthopedic and Sports Medicine Center
Dr. David Dodgin, Orthopedic and Sports Medicine Center

The conference is aimed toward employers, physicians, nurse case managers, insurance adjusters and attorneys

To register for the conference, visit http://www.safeworksillinois.com.

The Illinois Workers’ Compensation Commission reversed the arbitrator’s decision denying benefits find that the claimant’s injuries sustained in an assault during her workday arose out of and in the course of her employment. The evidence established that the claimant was in fact at a greater risk due to the nature of the job and a prior incident.

Where the nature of an employee’s job places her on the street for the most of the day, and she has already been involved in an incident with a group of misbehaving teenage boys, then the employee’s risk of another incident with the boys, possibly even resulting in their assaulting her, is greater than that faced by the general public. Under such circumstances, the employee’s injuries would arise out of her employment.

The claimant worked as a delivery truck driver, selling ice cream and frozen foods to households. On the date of the accident, she was rearranging products in the freezer in order to reach some items in the back for a client when a group of teenage boys approached her truck. She previously had trouble with the boys when they tried to steal from her and she threatened to call the police. They slammed the freezer door on her head and pulled her off the side of the truck. She hit the pavement on her left side. The teenagers then left. She suffered a severe headache, memory loss, injuries on her left side, and post traumatic stress syndrome. She worked for only two days after the incident occurred. The arbitrator denied benefits, finding the claimant’s risk was not distinctive to her employment and there was no evidence that the claimant was at an increased risk of injury. However, the Illinois Workers’ Compensation Commission reversed, reasoning that the evidence and testimony established that the claimant was in fact at greater risk due to the nature of the job and the prior incident. Therefore, her accident arose out of and in the course of her employment.

The Illinois Workers’ Compensation Commission explained that the claimant’s job included sales, not just driving a truck. This placed the claimant on the streets all day, thus subjecting her to a greater risk of being hassled or robbed. She was also at an increased risk because of the prior trouble with the group of teenagers. The evidence and testimony established that the claimant was in fact at greater risk due to the nature of the job and the prior incident.

The Illinois Appellate Court, First District, affirmed the Illinios Workers' Compensation Commission’s holding that a claimant’s trip-and-fall injury while walking from her employer’s parking lot to the workplace arose out of and in the course of her employment.

Where an injury to a worker arriving for work takes place in an area of the employer’s premises that constitutes a usual access route for employees and is caused by some special risk or hazard located on the premises, the “arising out of” requirement is satisfied.

Continue reading "Hospital employee secures benefits for injury between parking lot, workplace" »

The Illinois Workers’ Compensation Commission held that a claimant’s knee injury while climbing a ladder constituted a compensable accident. He had to continuously climb a ladder throughout his workday, which subjected him to a greater risk of injury than a member of the general public.

The use of a ladder, alone, does not subject the claimant to a greater risk of harm than that to which the general public is subject. However, if the claimant can show that his employment requires that he has to continuously climb a ladder throughout his workday, then the worker is subject to a greater risk of injury than the general public.

The claimant, a sheet metal apprentice, was climbing a ladder at work when he heard and felt a pop in his right knee. Conflicting evidence existed as to whether the claimant was twisting his knee and holding a drill in his right hand at the time of the incident. He continued to work and went up and down the ladder 30 to 40 times that day during which time he experienced a second pop followed by increased pain and swelling. He was diagnosed with a meniscal tear and underwent surgery. More than 10 years earlier, the claimant underwent surgery on his right knee for a ganglion cycst. He testified to no knee problems after the ganglion surgery until the work injury. In awarding benefits, the arbitrator found that the use of a ladder increased the claimant’s risk over that of a member of the general public. Although affirming the award, the Commission differed with the arbitrator’s basis for finding an accident. The Commission explained that the ladder, alone, did not inherently subject the claimant to a greater risk of harm than that to which the general public is subject. Also, a ladder is not equivalent to a staircase and is thus not likely to be an element in a personal comfort case. The Commission found that the claimant had to continuously climb a ladder throughout his day. Therefore, the number of times the claimant had to climb a ladder was greater than the general public. Accordingly, the claimant’s employment subjected him to a greater risk of injury than a member of the general public.

Furthermore, the Commission found the evidence did not show that the claimant had an idiopathic condition. Although the claimant had a preexisting condition, this condition was limited to a ganglion cyst. Medical evidence established that a ganglion cyst resides above the joint level and does not interfere with the cartilage of the knee. Also, the claimant was not having problems with his knee after the end of his treatment for the cyst in 1993 until the work accident in 2004.

The Illinois Workers’ Compensation Commission awarded benefits to an electrician employed by Galaxy Enterprises. The employee a 59 year old union electrician worked for Galaxy for 30 years.

On October 4, 2005, the employee was working on a job site located in Chicago when he and his co-workers were unloading a van containing construction materials. After carrying the construction materials to the second floor of the site, the employee was installing conduit when he started to feel pain in his low back. The pain was radiating down his right. He continued to work in discomfort for the rest of the day.

The employee was subsequently diagnosed with a herniated disk which developed from the repetitive nature of unloading the construction materials and bending to install piping.

The employer’s examining doctor opined that the employee’s pain was a result of his ongoing degenerative disk disease. However, the Arbitrator, after reviewing the employee’ MRI, found that the inflammation present suggested a newer injury an acute problem.

The Arbitrator awarded the employee compensation for his back injury. The employee was able to return to work and worked for his employer until he retired in January of 2008.

The employee was represented by Attorney Adam J. Scholl, Donald W. Fohrman & Associates, Ltd.

Unless you have been through the Illinois Workers' Compensation system, you may not know what to do after being involved in a work-related accident. Two very important steps must be taken to preserve your rights under the Illinois Workers' Compensation Act.

First and most importantly, get immediate medical treatment. If you are able, give the medical provider an accurate and complete history of how your accident happened. Providing your doctor with a good history will make getting your Workers' Compensation benefits easier. If you do not provide your doctor with a history of how your accident happened, chances are the Workers' Compensation insurance carriers will deny your claim.

Make sure that you report your injury to your employer either in writing or orally. The law does not require you to complete an accident report. If it is your employer's policy to have you complete a written accident report, make sure the accident information is accurate. Never sign a blank accident report form. Under the Illinois Workers' Compensation Act you have 45 days to report an accident. However, it is best to report the accident to your employer as soon as possible. Also, the law does not require you to provide your employer or their Workers' Compensation insurance carrier with a recorded statement. Often times, a recorded statement can be used against you at a future hearing.

We recommend consulting with an experienced Workers' Compensation attorney as soon as you are able. An attorney can best advise you on how to protect your rights under the Illinois Workers' Compensation Act and ensure that you receive the maximum compensation allowable under the Act.

For more information about the Illinois Workers' Compensation Act and to request a free confidential, consulation, visit our web site at ChicagoLegalNet.com

The Illinois Workers’ Compensation Commission awarded 12 weeks of temporary total disability and $52,075 in medical expenses to an office worker who injured her wrist when she fell out of her chair at work.

An employee’s injury while sitting in her work chair and stretching her arms may be compensable, where the employee must spend her day seated at a desk to perform her duties and her employer encourages employees to perform ergonomic exercises to release tension.

The claimant was working in the defendant’s business support center when she fell out of her chair and injured her wrist. At the time of the accident, the claimant was stretching both arms over her head. The back of the chair released and went out from under her. She fell face down, injuring her right wrist. The chairs had casters, were adjustable, and were made of mesh backs and seats. The floor was carpeted in standard industrial, no-nap carpet. Prior to the accident, the defendant’s human resources department sent out and e-mail encouraging employees to stretch and do ergonomic exercises to release tension in the neck and shoulders. The claimant testified that the chair was not broken and there was no defect in the floor. The arbitrator awarded benefits, finding that the accident occurred as the claimant was performing acts she could reasonably be expected to perform, using equipment provided by the defendant. She was using the chair in a way the defended anticipated and even encouraged. The stretching exercises were meant to relieve tension in the neck and shoulders, making employees more comfortable and more productive. Therefore, the exercises were of benefit both to employees and the employer. As the claimant was required to spend her day seated at a desk answering the phone and using a computer, she was at an increased risk of injury. The chair was integrally related to the fulfillment of her work duties. Also, the arbitrator pointed out that because workers’ compensation is a no-fault system, the claimant was not required to prove that her chair was defective in order to be entitled to benefits. Upon review, the Commission affirmed and adopted the decision of the arbitrator

The Illinois Workers’ Compensation Commission awarded 28-3/7 weeks of temporary total (TTD) disability and $19,596 in medical expenses, subject to the medical fee schedule, for an employee’s back injury sustained in a slip-and-fall accident at work.

When a food preparer is entering and exiting a refrigerated space while trying to meet her employer’s requirements and working in a busy, crowded environment, it’s reasonable to infer that the claimant is exposed to an increased risk of slipping at work.

The injured employee testified that she was walking out of a cooler at work when she slipped and fell, injuring her back. She stated that the area of the accident was busy and crowded and she did not know what she slipped on. Based on the claimant’s testimony, as supported by the medical records, the arbitrator found the claimant’s injuries arose out of and in the course of her employment and awarded benefits. The Commission clarified the temporary total disability and medical awards, and otherwise affirmed and adopted the decision of the arbitrator. A Commission majority noted that the record supported a reasonable inference that the claimant’s fall at work stemmed from a risk associated with her employment. The claimant’s job involved food preparation. Although she stated she did not know what caused her to slip, she indicated that “there were a lot of people that day,” that she was going in and out of the cooler, and that “they were ordering [her] to bring the food” before she fell. Based on this evidence, the Commission found it reasonable to infer that the claimant was exposed to an increased risk.

In a dissenting opinion, Commissioner Lindsay noted that the claimant did not know what caused her to slip or if anything was on the floor. The dissent noted that the presence of lots of people in the restaurant, as pointed out in the majority opinion, did not explain why she slipped. Without such explanation, the claimant failed to prove her injuries arose out of her employment

A Chicago probationary police officer or recruit-in-training who has not yet been sworn in as a police officer and has not received the police powers and responsibilities entailed therein falls within the definition of an employee under Section 1(b)1 of the WCA. Therefore, the Commission has jurisdiction over the officer.

The Illinois Workers’ Compensation Commission reversed the arbitrator’s finding that Section 1(b)1 of the WCA precluded the claimant from recovery. The Commission determined that it had jurisdiction and found the claimant entitled to benefits for her accident while training as a police recruit

Continue reading "Illinois Workers’ Compensation Commission has jurisdiction over Chicago police recruit" »

There is a provision in the Illinois Workers’ Compensation Act called the Exclusive Remedy Provision. This means that if an employee is injured while working, they do not have the right to recover damages from the employer other than what is provided for under Workers’ Compensation.

In a recent article published by the American Association for Justice, the possibility of a products liability claim within a workers compensation case is discussed. It emphasizes that “every workplace accident that involves a product should be reviewed to determine whether there is a potential products liability cause of action.”

For an injured worker this means that if they sustained an injury as a result of using a defective product, they may have a claim against the manufacturer, distributor or retailer responsible for the development, distribution and sale of the equipment.

If the technology exists that could make the product safer and the product is unreasonably dangerous, the design defect could make a company liable.

If a product does not work as the manufacturer intended, that could be an indication of a manufacturing defect. Additionally, if the product does not carry an ample warning about the possible danger of using the product, the user of the product is not protected during the use and the maker becomes liable.

Anytime a worker sustains an on-the-job injury as the result of using a product , a products liability case should be investigated.

Anthony Sims, a former employee of Heidtman Steel Products, is claiming he was illegally terminated from his job after he sustained an on-the-job injury and filed for workers’ compensation benefits.

On May 13 Sims was working, when according to the complaint, he had an accident.

The suit states that the injury Anthony sims sustained left him unable to perform his work and he was and he was temporarily totally disabled for a period of time.”
.
According to the suit, Mr Sims was allegedly discharged by Heidtman after applying for Workers’ Compensation benefits under the Illinois Workers' Compensation Act.

"With the full knowledge of the provisions of the Illinois Workers' Compensation Act as cited, the defendant herein knowingly, willfully, wantonly and with the callus disregard for the welfare and rights of the Plaintiff, discharged the Plaintiff from its employment by way of punishment for he continued pursuit of his rights under the Illinois Workers Compensation Act," the suit states.

Sims is claiming loss of past and future income and benefits, that he suffering mental and physical anguish, and has suffered from pain in the past which is expected to continue.

Sims is seeking $50,000, punitive damages of $50,000 and the costs of the suit.

In the lawsuit filed Aug. 22, Sims requested a 12-person jury. He is represented by Jon E. Rosenstengel of Bonifield and Rosenstengel in Belleville.

Under the Illinois Workers' Compensation Act it is unlawful for any employer or their Workers' Compensation insurance carrier to coerce, discriminate or retaliate against an injured worker for filing for Workers' Compensation benefits. If it can be proved that an employer fired or forced a resignation in retaliation for filing a workers' Compensation claim, the injured worker could file a civil lawsuit against his employer seeking monetary compensation for the firing.

If you believe you were fired in retaliation for filing a Workers' Compensation claim visit http://www.chicagolegalnet.com for a confidential case evaluation.

Springfield, IL (CompNewsNetwork) - Chairman Ruth's resignation is effective at the close of business on October 2, 2008.

On September 4, Governor Blagojevich appointed Arbitrator Gerald Jutila to be Chairman of the Commission, effective October 3, 2008 to replace outgoing Chairman Ruth.

Arbitrator Jutila’s appointment was unanimous by the Workers' Compensation Advisory Board. The Advisory Board, which is a bipartisan board, now makes recommendations to the Governor on Commission appointments. The board is comprised of six representatives from the business community and six representatives from the labor community.

Before coming to the Commission in September 2004 as an arbitrator, Mr. Jutila, worked for 29 years in private practice as an attorney concentrating in workers' compensation. Mr. Jutila earned his BA degree in Political Science from the University of Minnesota and a J.D. degree from John Marshall Law School.

The remainder of Arbitrator Jutila’s 2008 docket will be handled by Arbitraor Lammie.

We wish Commissioner Jutila much success.

Manuel Villagomez, 47, of the 5400 block South Christiana Ave., Chicago, died at Advocate Lutheran General Hospital in Park Ridge from injuries sustained after falling through the roof at a single story business located in the 100 block of East Oakton street. Mr. Villagomez was working with other men, when he fell head first through a hole in the roof, said Cmdr. Dan Niemann of the Des Plaines police department.