Illinois Workers Compensation Lawyer Blog

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" »

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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.

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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" »

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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.

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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.

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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" »

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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" »

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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.

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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" »

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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" »

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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" »

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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" »

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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" »

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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" »

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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" »

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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" »

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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" »

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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" »

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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.

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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" »

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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.

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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" »

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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" »

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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" »

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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.

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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.

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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.

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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" »

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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" »

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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.

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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" »

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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" »

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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."

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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" »

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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" »

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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.

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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.

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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

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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.

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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

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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.

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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.

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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.

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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.

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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" »

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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.

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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.

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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

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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

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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

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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" »

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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.

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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.”
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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.

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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.

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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.

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