Medicos Pain & Surgical Specialists, S.C. v. Travelers Indemnity Company of America

Illinois Appellate Court
Civil Court
Workers Compensation
Citation
Case Number: 
2018 IL App (1st) 162591
Decision Date: 
Thursday, April 26, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Vacated.
Justice: 
McBRIDE

Health care providers which provided care to employee injured at work had to wait several years for payment from employer and its workers' compensation insurer; they filed suit and were awarded statutory interest under Section 8.2(d) of Workers' Compensation Act. No language in the Act expressly authorizes a private right of action. Health care providers, whose only basis for claiming interest was Section 8.2(d) of the Act, are not members of the class for whose benefit the Act was enacted. Thus, they failed to state a claim upon which relief could be granted, and court erred in awarding statutory interest. (ELLIS, concurring; GORDON, specially concurring.)