Workers’ Compensation Law

(Correcting court designation.) Defendant received benefits from workers' compensation claim for injuries from accident during course of her employment. Defendant also sought benefits under her unbinsured motorist policy. Court properly granted summary judgment for insurer in that action. Court found setoff provision in uninsured motorist policy enforceable, unambiguous, and not against public policy, and found that it provides that amounts payable under uninsured policy will be reduced by amount of all payments made or due under the Workers' Compensation Act. (TURNER and APPLETON, concurring.)

(Court opinion corrected 1/27/17.) Claimant, working as a welder-fabricator, sustained work-related injury when he attempted to grab a 400-lb. section of rail as it fell from a sawhorse, and suffered distal biceps tendon rupture. Commission found claimant lost 25% use of his right arm. Commission noted that IME physician placed claimant's level of "impairment" at 6%, and stated that giving this rating more weight would effectively discount the other factors set forth in Section 8.1b of Workers' Compensation Act. Commission then discussed the other 4 factors of that Section. Commission properly applied Section 8.1b of the Act, and Commission's application of that Section was not against manifest weight of evidence. (HOLDRIDGE, HOFFMAN, HARRIS, and STEWART, concurring.)

Court denied widow's motion for lump-sum payout of benefits awarded for her husband's death in work-related accident when the crop-duster plan he was piloting crashed.  Respondent employer voluntarily elected to satisfy part of its obligation prior to entry of formal order, and Commission factored those prior overpayments of benefits into its final order.  Claimant failed to show that a lump-sum payout was warranted. Evidence showed that Claimant was suffering no economic hardship and had saved most of Respondent's periodic payments, and no evidence that lump-sum payout would be in Respondent's best interests. (HOLDRIDGE, HOFFMAN, HARRIS, and MOORE, concurring.)

Widow filed application to enforce arbitration award of death benefits under Section 19(g) of Workers' Compensation Act. As employer's obligation to widow was payable in installments, each of its deficient payments constituted a new cause of action with its own independent statute of limitations. Thus, court properly applied statute of limitations to bar only those claims relating to deficient payments occurring prior to date which was 5 years prior to date widow filed her application to enforce award. If anything is properly due under final award at time application for judgment is made, trial court should enter judgment as provided in Section 19(g) of the Act. As employer did not move to correct computation of award nor petition for its review, it may not now contest its validity in context of Section 19(g) proceeding.(KNECHT and HOLDER WHITE, concurring.)

Plaintiffs, who were employees of temporary employment agency, were being transported to a worksite by their supervisor when motor vehicle collision occurred. Plaintiffs received workers' compensation benefits through temporary employment agency, but commenced action against their supervisor and the company where he was transporting them. Company where Plaintiffs were assigned had right to direct and control manner of their work, and had the right to discharge Plaintiffs from its facility, and was thus Plaintiffs' borrowing employer. Plaintiffs are estopped from denying that their injuries fell outside Workers' Compensation Act. Record supports inference that injuries occurred within scope of their employment, and thus court properly granted summery judgment for Defendamts. (PUCINSKI and COBBS, concurring.)

Claimant, a manager at a fast-food restaurant, filed for worker's compensation benefits for injuries to her right hand and thumb suffered while wiping down a table at work. Injury resulted from risk distinctly associated with her employment, as claimant often assisted in busing tables and cleaning tables to keep customer flow moving. Commission's finding that claimant's current condition of ill-being was causally related to accident was not against manifest weight of evidence. Award of TTD and PPD benefits was not against manifest weight of evidence. (HOFFMAN and STEWART, concurring; HOLDRIDGE and HUDSON, specially concurring.)

Auto assembly line worker filed workers' compensation claim for back injury caused by "excessive twisting and bending on job." Risk associated with act of bending down to pick up fallen bolts was an employment-related risk, as bolts commonly fell out of articulating arm and onto floor, and if they were not promptly retrieved, platform would jam resulting in entire assembly line shutting down. Manifest weight of evidence shows that employee's health was not so deteriorated that any normal daily activity would be "an overexertion". Thus, Commission's finding that injury was not compensable on basis of preexisting back condition was against manifest weight of evidence. (HOLDRIDGE, HOFFMAN, HUDSON, and STEWART, concurring.) 

 Middle school science teacher filed claim for workers' compensation benefits for accidental injury he sustained while participating in a student/teacher basketball game in school gym after school. (Teacher went up for jump shot, and student ran between his legs, causing him to spin and fall on his left arm.) Evidence presented at arbitration hearing showed that teacher was not a basketball player and did not want to participate, but principal repeatedly pressured him to do so, and teacher was concerned that his performance review and prospect for being hired the next year might be negatively impacted unless he participated in games; and teacher considered attendance and participation in after-school activities with students a part of his job. Thus, teacher was not engaged in a "voluntary recreational program" under Section 11 of Workers' Compensation Act, and injury arose out of and in course of his employment.(HOLDRIDGE, HOFFMAN, HUDSON, and HARRIS, concurring.)