Centeno v. Illinois Workers’ Compensation Comm’n

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2020 IL App (2d) 180815WC
Decision Date: 
Monday, March 30, 2020
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
HUDSON

Claimant filed claim for injuries allegedly sustained in employment. No error in Commission attaching to its decision the arbitrator's decision and considering the transcript from  the Morales case which aided in the efficient disposition of the case where claimant admitted that he used the stolen identity of "Nelson Centeno". Commission properly took judicial notice of the Morales case. Claimant did present evidence at the 2nd section 19(b) hearing as to his need for further medical care, and he testified that he was unable to work. Commission was not required to accept this evidence, especially given evidence that placed his credibility in doubt. Commission correctly determined that the award in Claimant's prior case, in 2016, was a final award and that the only way to seek enforcement was in the circuit court pursuant to section 19(g). Commission erred in failing to award penalties and attorney fees for Respondent's failure to pay an additional $1,101.57 in TTD benefits and its failure to pay previously awarded and uncontested portion of medical bills.  (HOLDRIDGE, HOFFMAN, CAVANAGH, and BARBERIS, concurring.)