Illinois Appellate Court
Civil Court
Workers' Compensation
(Court opinion corrected 4/12/12.) Petitioner, a cocktail waitress, suffered crushing injury to foot while working. She was treated with spinal cord stimulator, but workers compensation carrier refused, for two months, to authorize payment for stimulator battery replacement procedure and medications. Commission was without authority to award section 19(k) penalties for unreasonable delay in authorizing battery replacement surgery. "Delay of payment" in section 19(k) of Workers" Compensation Act does not include delay in authorization for a service. (McCULLOUGH and HUDSON, concurring; HOLDRIDGE and STEWART, dissenting.)