Menard v. The Illinois Workers’ Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
No. 5-09-0354 WC
Decision Date: 
Tuesday, November 16, 2010
District: 
5th Dist.
Division/County: 
Jackson Co.
Holding: 
Affirmed.
Justice: 
HUDSON
Claimant alleged she suffered work-related injury in 1999 due to "anxiety/mental illness caused by conflicts", and was terminated several months later. In 2003, she filed second claim, alleging she suffered back injury in 2000 while preparing to travel home from IME for her 1999 claim. Court properly set aside Commission's decision finding back injury compensable, as no employer-employee relationship existed at time of 2000 incident. Employer has a statutory right to have employee requesting workers compensation benefits undergo an IME, but attendance at the IME is not a condition of employment. (McCULLOUGH, HOFFMAN, HOLDRIDGE, and STEWART, concurring.)