Workers’ Compensation Law

Edmonds v. Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (5th) 110118WC
Decision Date: 
Monday, April 30, 2012
District: 
5th Dist.
Division/County: 
Franklin Co.
Holding: 
Reversed.
Justice: 
HUDSON
Claimant, a retired 30-year coal miner, filed claim under Workers' Occupational Diseases Act, alleging shortness of breath and exercise intolerance as a result of inhaling coal mine dust. District Director's findings in Department of Labor proceedings under Black Lung Benefits Act is not an "adjudication" for purposes of collateral estoppel. Due to informal nature of initial stage of federal proceeding, constraints on nature of evidence for initial submission of claim, and claimant's lack of incentive to fully and fairly litigate his claim before District Director, collateral estoppel does not apply to bar claim under Act. (McCULLOUGH, HOFFMAN, HOLDRIDGE, and STEWART, concurring.)

Hollywood Casino-Aurora v. The Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (2d) 110426WC
Decision Date: 
Friday, March 16, 2012
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Commission reversed; circuit court affirmed.
Justice: 
HOFFMAN
(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.)

Travelers Insurance v. Precision Cabinets

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (2d) 110258WC
Decision Date: 
Friday, March 16, 2012
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed.
Justice: 
McCULLOUGH
Employment outsourcing company, which had borrowing/lending employer relationship with cabinet company, chose workers' compensation coverage and thus purchased it for all of its employees including claimant. Its failure to secure endorsement adding cabinet company to policy was ineffective to withdraw claimant from protection of Workers' Compensation Act. Commission properly declined to accept evidence of outsourcing company's bankruptcy. Stipulation and consent order entered by Department of Financial and Professional Regulation three years prior to arbitration hearing is not relevant to workers' compensation proceeding and thus appellate court refused to take judicial notice of it. (HOFFMAN, HUDSON, HOLDRIDGE, and STEWART, concurring.)

Will County Forest Preserve District v. Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (3d) 110077WC
Decision Date: 
Friday, February 17, 2012
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
HUDSON
Employee, working as equipment operator, sustained right shoulder injury during course of employment. Evidence clearly establishes injury to shoulder, not to arm. Although injury to shoulder may impact use of arm, the initial injury was to shoulder, and a scheduled award for loss of use of right arm would be inappropriate. Commission properly awarded benefits for injury to the person as a whole under section 8(d)2 of Workers' Compensation Act. (McCULLOUGH, HOFFMAN, HOLDRIDGE, and STEWART, concurring.)

House Bill 5823

Topic: 
Health Care Services Lien Act
(Thapedi, D-Chicago) makes four changes to the Health Care Services Lien Act. (1) Limits the lien of a health care provider to the rates established by the health insurance plan or public funds that are available to pay the medical bills. (2) Proportionately reduces subrogation claims or liens 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. (3) Requires a lienholder to bear the pro rata share of the claimant’s attorney’s fees and litigation expenses for collecting the health-care provider’s lien and be barred from suing the patient for the unpaid balance. (4) 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 hasn't been scheduled for a hearing yet.

Gruszeczka v. The Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (2d) 101049WC
Decision Date: 
Tuesday, February 14, 2012
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Vacated; appeal dismissed.
Justice: 
HOFFMAN
In Section 19(f)(1) of Workers' Compensation Act, which provides that proceeding for judicial review of Commission decision shall be commenced within 20 days of receipt of notice or decision, commencement date is date upon which proceeding for judicial review is received by clerk of court, not date that document was mailed to clerk. Section 19(f) of Act does not contain a mailbox rule. (McCULLOUGH and HUDSON, concurring; STEWART and HOLDRIDGE, dissenting.)

Hastings Mutual Insurance Company v. Ultimate Backyard

Illinois Appellate Court
Civil Court
Workers Compensation
Citation
Case Number: 
2012 IL App (1st) 101751
Decision Date: 
Thursday, February 9, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed and remanded.
Justice: 
LAVIN
Insurer filed declaratory judgment action seeking order that it was not responsible for workers' compensation claim for knee injury filed by employee. Key issue of whether notice of cancellation sent from insurer to National Council on Compensation Insurance (delegee of IWCC) conformed with statutory requirements. Interpretation of Section 4(b) of Workers' Compensation Act is question of law, which is best answered by circuit court and does not require specialized expertise of IWCC. Thus, IWCC does not have primary jurisdiction. Circuit court is ordered to stay IWCC proceedings until circuit court makes decision as to issue of insurance coverage. (FITZGERALD SMITH and PUCINSKI, concurring.)

Patel v. Home Depot USA

Illinois Appellate Court
Civil Court
Workers Compensation
Citation
Case Number: 
2012 IL App (1st) 103217
Decision Date: 
Thursday, February 2, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
STERBA
Section 19(g) of Workers Compensation Act does not provide remedy for employer's inadvertent overpayment of benefits for certain time period. Employer cannot apply a credit for its overpayment against benefits to which employee was previously entitled, to avoid entry of judgment pursuant to Section 19(g). (LAVIN and PUCINSKI, concurring.)

Senate Bill 2952

Topic: 
Statute of repose for attorneys
(Rezin, R-Peru) creates an exception to the statute of repose for attorney malpractice that currently limits actions to no later than six years after the date on which the attorney's act or omission occurred. The exception is if the client is still represented by the attorney or the attorney knowingly conceals the act or omission. If that occurs, the limitation does begin to run until the person is no longer represented by the attorney or until the client should have known of the injury. Just introduced and referred to the Committee on Assignments for assignment to a substantive committee.

Professional Transportation v. Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (3d) 100783WC
Decision Date: 
Thursday, January 19, 2012
District: 
3d Dist.
Division/County: 
Kankakee Co.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
HOFFMAN
Claimant sustained medial meniscus tear as result of falling on ice while working as driver. Evidence did not support claim of permanent total disability, as claimant made meager efforts to find new work, and several physicians opined that claimant could work, with restrictions. Commission properly apportioned medical expenses, and employer did not offer evidence that medical expenses were not reasonable or necessary. (McCULLOUGH, HUDSON, and HOLDRIDGE, concurring.)