Compass Group v. Illinois Wokers’ Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2014 IL App (2d) 130078
Decision Date: 
Friday, March 28, 2014
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
HUDSON
(Modified upon denial of rehearing 5/13/14.) In workers compensation case, opinions of claimant's treating physician and employer's Section 12 examiner were divergent. Commission resolved conflict in testimony of physicians, and Section 12 examiner's heightened expertise was not so compelling that it rendered opposite conclusion clearly apparent. Employer did not demonstrate prejudice by arbitrator's denial of his motion to take evidence deposition of Section 12 expert, and order that admitting expert's report into evidence was sufficient. Case remanded for Commission to evaluate opinions of physical therapists as to reasonableness and necessity of home modifications. (HOLDRIDGE, HOFFMAN, HARRIS, and STEWART, concurring.)