National Freight Industries v. The Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (5th) 120043WC
Decision Date: 
June 13, 2013
District: 
5th Dist.
Division/County: 
Madison Co.
Justice: 
HUDSON
Holding: 
Affirmed and remanded (5-12-0043WC); affirmed in part, vacated in part, and remanded (5-12-0047WC).
Claimant filed worker's compensation claim for injuries from 12/08 motor vehicle accident while employed by trucking company employer; and on same day filed workers compensation claim for previous employer from 11/06 work-related accident. Prior to car accident, back surgery was limited to one level, but after car accident surgery was indicated at multiple levels. Evidence showed that car accident changed the nature of claimant's injury, was sole cause of his current condition, and thus broke causalo chain from original accident. Second accident was not just a continuation of injury from first accident, but caused separate and distinct injury that broke causal chain. Thus, claimant should be allowed to seek permanency award for each accident. (HOLDRIDGE and HOFFMAN, HARRIS, and STEWART, concurring.)