Dukich v. Illinois Workers’ Compensation Comm’n

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2017 IL App (2d) 160351WC
Decision Date: 
Tuesday, September 19, 2017
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed.
Justice: 
HOLDRIDGE

Claimant filed workers' compensation claim for injuries sustained when she fell on wet pavement at premises of her employer, a high school, while walking to her car on her way to lunch. Workers' Compensation Commission reversed arbitrator's decision awarding claimant TTD, PPD for 10% loss of person as a whole, and medical expenses. Accident is not compensable, as dangers created by rainfall are dangers to which all members of public are exposed on a regular basis. No evidence that employer exercised any control over route claimant took to her car, and no evidence that her job duties contributed to fall or enhanced risk of slipping on wet pavement. No evidence of any defects, uneven surfaces, or puddles on pavement's surface. Commission properly rejected claim under a neutral risk analysis.(HOFFMAN, HUDSON, HARRIS, and MOORE, concurring.)