Workers’ Compensation Law

Court properly ruled that a self-insuring employer was entitled to payment from Illinois Insurance Guaranty Fund based on excess workers' compensation policies employer purchased from insurer before insurer became insolvent and went into receivership. Fund improperly terminated payments on workers' compensation award to employee injured by bullet wound to head suffered during and in scope of her employment, and $300,000 cap on covered claims under statute did not apply to Fund's obligations as to that award. (MURPHY and SALONE, concurring.)

(Court opinion corrected 12/23/11.) Maintenance technician filed workers' compensation claim for injuries to right arm sustained while carrying 300-pound piece of steel. Arbitrator awarded TTD and PPD, which included scheduled overtime earnings and production bonuses. Commission did not err by including overtime earnings in calculating average weekly wage, as evidence established that employee was required to work scheduled overtime as a condition of his employment. Commission did not err by including production bonuses in calculating average weekly wage, as bonuses were in consideration for work performed pursuant to collective bargaining agreement, and employer had no discretion in paying bonuses when earned. (HOFFMAN, HUDSON, HOLDRIDGE and STEWART, concurring.)

(Court opinion corrected 12/19/11.) Employer refused to pay undisputed portions of claimant's benefits until appeals were exhausted on unrelated issue. Any portion of a claimant's benefits which are undisputed must be promptly paid or employer is subject to Section 19(k) penalties and Section 16 attorney fees. Employer's intentional delay served no purpose but to delay compensation to injured worker. (McCULLOUGH, HOFFMAN, HUDSON, and HOLDRIDGE, concurring.)

Plaintiff filed declaratory judgment action against his insurer, seeking declaration that his claim for uninsured motorist coverage damages were not precluded under policy limitation by his workers' compensation payments. Plaintiff is not automatically entitled to receive payment for disfigurement under Section 8(c) of Workers' Compensation Act, and thus court properly allowed him to seek, within arbitration, compensation for disfigurement not awarded in his workers' compensation claim. As Act compensates for various forms of disability, and disability is equivalent to "element of loss" of loss of a normal life, Plaintiff cannot seek in arbitration compensation for loss of normal life. Plaintiff cannot seek medical payments or loss of earnings in arbitration, as these are categories of losses included in "element of loss". (JORGENSEN, specially concurring; McLAREN, concurring in part and dissenting in part.)

Claimant filed workers compensation claim; arbitrator found that all injuries arose out of her employment and awarded TTD. Employer's typographical error as to case number on its petition for review did not deprive Commission of jurisdiction. Claimant's testimony and medical records establish that she developed neck pain and stiffness within days after work accident that had no intervening injuries, and thus finding of causal relationship is not against manifest weight of evidence. Physician's release of claimant to light duty work, and her application for unemployment benefits, did not render her ineligible for TTD benefits. (McCULLOUGH and HOFFMAN, HUDSON, and STEWART, concurring.)

Plaintiff was injured during his employment as temporary worker at company, and received workers' compensation settlement. Thus, Plaintiff was barred from civil action against company, as this was his exclusive remedy. Fact that temporary staffing agency which hired him failed to register as an employee leasing company did not negate exclusivity of remedy. Terms of settlement contract released all claims arising out of accident, including common law tort claim of negligence. (CHAPMAN and DONOVAN, concurring.)

Retired coal miner filed claim for benefits under Workers' Occupational Diseases Act, alleging that his lungs and/or heart were affected by inhalation of coal dust for more than 39 years. One physician assessed Claimant with mild COPD, caused by a combination of his former cigarette smoking and his exposure to coal and rock dust. Commission erred in accepting opinion of other physician, that COPD was caused solely by Claimant's cigarette smoking, as he failed to give adequate explanation of basis of his opinion. To recover compensation under Occupational Diseases Act, a claimant must prove that a causal connection exists between the disease and his employment, but it need not be the sole or principal causative factor. (HOFFMAN, HUDSON, and HOLDRIDGE, concurring; McCULLOUGH, dissenting.)

Circuit court properly confirmed Commission's decision awarding claimant, a laborer, 13 6/7 weeks of TTD for injuries received while working. Commission has discretion to terminate or suspend benefit in response to a claimant's refusal to accept work within his restrictions. Record sufficiently supports Commission's determination that claimant's refusal was not so unjustified as to warrant termination of TTD benefits, but instead a suspension of benefits for time that he refused work. (McCULLOUGH, HUDSON, HOLDRIDGE and STEWART, concurring.)

Firefighter filed several workers' compensation claims, which he settled with Village, relating to shoulder, neck, and back injuries and diesel-induced rhinitis, related to his job. Pension Board awarded firefighter a line-of-duty disability pension, and he then sued Village to have his health insurance premiums paid under Public Safety Employee Benefits Act. After bench trial, court found in favor of Village. Commission's order, which was based on agreed facts, has preclusive effect and thus was a final adjudication on the merits. Collateral estoppel applies only to causation, which was resolved by Commission's entry of settlement contract. Thus, Village was collaterally estopped from relitigating findings in Commission's orders. (McLAREN and HUDSON, concurring.)