Workers’ Compensation Law

Labuz v. Illinois Workers' Compensation Commission

Labuz v. Illinois Workers' Compensation Commission
Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (1st) 113007WC
Decision Date: 
Monday, November 5, 2012
District: 
1st Dist.
Division/County: 
Cook Co., WC Div.
Holding: 
Affirmed in part and reversed in part; remanded with directions (No. 1-11-3007WC); affirmed (1-11-3008WC).
Justice: 
HOFFMAN
Section 19(f) of Workers Compensation Act allows service by mailing notice to the office of the Commission, which is not a restriction on proper service but an expansion, mandating that service on the named individuals be considered service on the Commission. Whether an employment relationship existed at the time of an accident is a question of fact, and includes consideration of facts showing that entity exercised control over claimant's work. Where it is clearly established that claimant had not worked a full 52 weeks in year preceding injury, Commission's determination of claimant's weekly wage will be set aside and remanded. (HUDSON, HOLDRIDGE, TURNER, and STEWART, concurring.)

Illinois Insurance Guaranty Fund v. Virginia Surety Company, Inc.

Illinois Insurance Guaranty Fund v. Virginia Surety Company, Inc.
Illinois Appellate Court
Civil Court
Workers Compensation
Citation
Case Number: 
2012 IL App (1st) 113758
Decision Date: 
Friday, October 12, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed.
Justice: 
McBRIDE
Section 1(a)(4) and Section 4(a)(3) of Workers Compensation Act do not require a borrowing employer to duplicate the coverage that a company lending employees is contractually obligated to obtain, or to pay duplicate premiums, or to increase its self-insured retention to cover borrowing employees. An employer and its insurer cannot selectively omit an employee from coverage of a workers compensation policy. (PALMER and TAYLOR, concurring.)

Gruszeczka v. Ill. Workers Compensation Commission

Illinois Supreme Court PLAs
Gruszeczka v. Ill. Workers Compensation Commission
Civil Court
Workers Compensation
Citation
PLA issue Date: 
September 26, 2012
Docket Number: 
No. 114212
District: 
2nd Dist.
This case presents question as to whether Circuit Court had subject-matter jurisdiction to consider claimant's appeal of adverse Workers Compensation Commission decision where claimant's counsel mailed claimant's request for issuance of summons and his attorney's affidavit of payment of probable costs of record within applicable 20-day period for appealing instant decision, but where Clerk of Circuit Court did not receive said documents until 24 days after receipt of Commission's decision by claimant's attorney. Appellate Court found that Circuit Court lacked subject-matter jurisdiction because claimant's documents had not been received by Circuit Court within mandatory 20-day period contained in section 19(f)(1) of Workers Compensation Act.

Supreme Catering v. The Illinois Workers' Compensation Commission

Supreme Catering v. The Illinois Workers' Compensation Commission
Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (1st) 111220WC
Decision Date: 
Monday, August 20, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,WC Div.
Holding: 
Vacated and remanded.
Justice: 
STEWART
Decision of Illinois Workers' Compensation Commission remanding to arbitrator for further proceedings on issue of vocational rehabilitation is interlocutory, and not a final order, regardless of whether remand is for purpose of providing specifics of generalized plan ordered by Commission or for determination of whether rehabilitation should be ordered and regardless of whether remand arises in expedited hearing. Decision required further administrative proceedings, and thus circuit court lacked jurisdiction on review. (McCULLOUGH, HOFFMAN, HUDSON, and HOLDRIDGE, concurring.)

Rodriguez v. Frankie's Beef/Pasta and Catering

Rodriguez v. Frankie's Beef/Pasta and Catering
Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (1st) 113155
Decision Date: 
Tuesday, August 14, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
HARRIS
Decedent had altercation with co-worker, who shot him the next day. Employer did not direct or expressly authorize shooting and was unaware of tensions prior to altercation. Thus, death was "accidental" under Workers' Compensation Act, and Decedent's sole remedy against employer is under the Act. Plaintiff cannot recover common law damages against employer for shooting, and thus cannot bring claim against employer for negligently hiring/retaining shooter based on shooting. (QUINN and CUNNINGHAM, concurring.)

Prodanic v. Grossinger City Autocorp

Prodanic v. Grossinger City Autocorp
Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (1st) 110993
Decision Date: 
Thursday, July 19, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
LAVIN
Wrongful death action filed for driver/maintenance employee's death when overhead garage door opened while he was repairing it on premises of car dealership. Court properly granted summary judgment in favor of Defendant car dealership, as Decedent was a "borrowed employee" of dealership and thus Workers' Compensation Act was exclusive remedy. Dealership had the right to control the manner in which Decedent performed his work, had some control over his hours, and had authority to control the work itself. (FITZGERALD SMITH and PUCINSKI, concurring.)

House Bill 1084

Topic: 
Work comp arbitrators
(Mussman, D-Schaumburg; Cullerton, D-Chicago) requires the Governor appoint all arbitrators with the advice and consent of the Senate. Currently, the Governor makes the initial appointments with the advice and consent of the Senate, but all appointments thereafter are made by the Illinois Workers’ Compensation Commission. Passed both chambers.
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Senate Bill 2488

Topic: 
Cell phones in construction and school zones
(Garrett, D-Lake Forest; May, D-Highland Park) allows a person to use a cell phone in voice-operated (instead of “voice-activated”) mode or by pressing a single button to initiate or terminate a voice communication. This also includes using a headset in this manner. Passed both chambers.
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Senate Bill 3171

Topic: 
Medical records of deceased family members
Senate Bill 3171 (Sullivan, D-Rushville; Brady, R-Normal) does three things if no estate is opened. (1) Clarifies that a “handling” fee may not be charged to a patient or patient’s representative under Section 8-2001.5. (2) Requires that health-care providers release this information to a patient representative as authorized under this Section. (3) Requires that a person purporting to be a patient representative certify that to be true under penalty of law. Passed both chambers. It has an immediate effective date, so it will take effect on the day the Governor signs it.
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House Bill 5823

Topic: 
Health Care Services Lien Act
(Thapedi, D-Chicago; Mulroe, D-Chicago) does three things to the Health Care Services Lien Act. (1) Proportionately reduces subrogation claims or other claims of right of reimbursement for medical expenses in the same proportion that the claimant’s recovery is reduced because of comparative fault or uncollectability of the full value of the full claim because of limited liability insurance or from any other cause. (2) Requires a party asserting a subrogation claim or other right of reimbursement to bear the pro rata share of the claimant’s attorney’s fees and litigation expenses. (3) Allows petitions to adjudicate rights under this Act to be served on interested adverse parties by personal service, substitute service, or registered or certified mail. House Bill 5823 exempts any health-care provider's liens and work comp, UIM, and UM cases. This bill may be voted on today by the House Judiciary Committee I and the House.
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