Bob Red Remodeling, Inc. v. The Illinois Workers’ Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2014 IL App (1st) 130974WC
Decision Date: 
Wednesday, December 31, 2014
District: 
1st Dist.
Division/County: 
Cook Co., WC Div.
Holding: 
Affirmed.
Justice: 
HUDSON
(Court opinion corrected 1/30/15.) Employee, who speaks Polish but not English, suffered work-related accident when he fell 11 feet from rooftop, and sustained injuries including traumatic brain injury and post-concussion syndrome. Commission found employee permanently and totally disabled, which was supported by rehab counselor's testimony that stable labor market did not exist for employee. Commission properly denied employer's motion to suspend benefits; employee reasonably chose to follow advice of his treating physician rather than that of IME physician. (HOLDRIDGE, HOFFMAN, HARRIS, and STEWART, concurring.)