Claimant suffered right knee injury when doing work as a marine technician, installing a swim platform on the back of a boat. Employer revoked authorization for knee surgery because of a note entered by a "check-in person" at a VA facility, in VA records, referencing a prior right knee procedure 14 years prior. Claimant denied any prior injury or procedure to the right knee, but admitted he had prior surgery to the right leg in the shin area. Arbitrator found that in refusing to authorize claimant's surgery employer was unreasonable and vexatious, and awarded penalties of $6900 under Section 19(l) of Workers' Compensation Act, and attorney fees of $1380, under Section 16 of the Act, but declined to impose penalties under Section 19(k) of the Act. The Act does not allow the Commission to assess penalties against an employer based on failure or delay in authorizing medical treatment, and Commission properly vacated Section 19(l) penalty. (HOFFMAN, CAVANAGH, and BARBERIS, concurring; HOLDRIDGE, dissenting.)
Illinois Appellate Court
Civil Court
Workers' Compensation