Workers’ Compensation Law

City employee, a candidate in training at Chicago Fire and Paramedic Academy, filed workers compensation claim for kidney failure and other injuries from intense workouts and subsequent dehydration at Academy. Plaintiff was a recruit in training, not a sworn member of fire department at time of injury. Board's decision that claimant was fully recovered and fully able to work as paramedic by 8/3/09 collaterally estops claimant from relitigating issues of whether he was disabled after 8/3/09, and whether his work-related injuries rendered him unable to work as a paramedic therafter, (HOFFMAN, HUDSON, HARRIS, and STEWART, concurring.)

Village employee fell and was injured when walking down stairs at work, from meeting to locker room. Employees's use of stairs arose out of and in course of his employment, as he was continually forced to use stairway, at least 6 times per day, both for his personal comfort and to complete his work-related activities. Frequency with which employee was required to traverse stairs was increased risk compared to general public. (HOLDRIDGE, HUDSON, HARRIS, and STEWART, concurring.)

Temporary worker who was not a permanent employee, and not working for company on a long-term exclusive basis, did not qualify, under the "traveling employee exception", for workers compensation benefits. Worker made the personal decision that benefits of pay outweighed personal cost of traveling, and traveled only from the premises to his residing location.(FREEMAN, THOMAS, KARMEIER, BURKE, and THEIS, concurring; KILBRIDE, dissenting.)

There is sufficient evidence supporting Workers' Compensation Commission's finding that claimant's low back condition after April 2004 was not causally related to September 2004 workplace accident. Commission awarded claimant permanent disability of 10% loss of persona as a whole, which was not against manifest weight of evidence. Claimant's income from her side business should not be included in calculation of average weekly wage as it does not represent "wages" earned while working for employer. (HOLDRIDGE, HOFFMAN, HUDSON, and STEWART, concurring.)

Claimant filed for workers' compensation benefits for wrist injuries sustained while working as caregiver and companion in a private home. As her employer was uninsured for workers' compensation, claimant sought compensation from Injured Workers' Benefit Fund. State Treasurer appealed arbitrator's decision to Workers' Compensation Commission. As Treasurer did not file appeal bond under Section 19(f)(2) of Workers' Compensation Act, circuit court did not have jurisdiction to review Commission's decision. (HOFFMAN, HUDSON, TURNER, and STEWART, concurring.)

Claimant, being loaned to State employer by temporary employment agency, slipped and fell on ice on nonpublic parking lot while exiting her vehicle to go to work. Parking lot was provided by State specifically for state employees. Claimant's ability to use parking lot was derived from her status as State employee, and parking there was customary and permitted. Injuries were caused by accident that arose out of claimant's employment as a matter of law. (HOLDRIDGE, HOFFMAN, HUDSON, and HARRIS, concurring.)

Claimant worked as underground coal miner for 31 years, and filed application under Workers' Occupational Diseases Act, alleging that as a result of inhaling coal-mine dust, we has shortness of breath and exercise intolerance. Commission properly found that claimant proved he has workers' pneumoconiosis causally related to his work as a coal miner, and that he showed disablement within two years of leaving coal mining and was unable to work further in coal mining without further endangering his health. (HOLDRIDGE, HOFFMAN, HARRIS, and STEWART, concurring; HOFFMAN, HOLDRIDGE, and STEWART, specially concurring.)