Absolute Cleaning/SVMBL v. Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Case Number: 
No. 4-10-0313WC
Decision Date: 
Thursday, April 28, 2011
4th Dist.
Sangamon Co.
Affirmed and remanded.
Circuit court affirmed decision of IWCC awarding workers compensation benefits, finding that cleaning service employee sustained work-related neck and back injuries in May 2006 (when lifting a mop bucket) and November 2006 (when lifting a trash bag). Treating physician (a chiropractor) validly referred claimant to other physicians, and thus claimant did not violate the "two-physician rule" by being treated by these other physicians. Commission's finding that claimant's condition of ill-being was causally related to her work was not against manifest weight of evidence, as two physicians (including IME physician) concluded that work accidents caused or exacerbated her condition. Commission properly awarded TTD benefits after date of her layoff in finding that employee's termination was not due to economic conditions; claimant, at time of layoff, had not been working at any of the mines which cancelled their contracts with employer. (McCULLOUGH, HOLDRIDGE, HUDSON, and STEWART, concurring.)