Workers’ Compensation Law

House Bill 5151

Topic: 
Medical malpractice and tobacco litigation
(Madigan, D-Chicago; Harmon, D-Oak Park) does three things in the Code of Civil Procedure. (1) Re-enacts and repeals statutory provisions so the text of those provisions conforms to the decisions of the Illinois Supreme Court in Best v. Taylor Machine Works and Lebron v. Gottlieb Memorial Hospital. (2) Caps contingent attorney’s fees in a medical malpractice action at 33 1/3 per cent of all sums recovered. (3) Limits the supersedeas bond requirement for all the appellants collectively in the tobacco settlement to be no more than $250 million. Sent to the Governor.
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Dye v. Illinois Workers' Compensation Comm'n

Dye v. Illinois Workers' Compensation Comm'n
Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (3d) 110907WC
Decision Date: 
Monday, December 31, 2012
District: 
3d Dist.
Division/County: 
La Salle Co.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
HUDSON
Employee, a furnace operator, suffered injury to her temple upon being struck by steel cylinder on her temple, leaving small indentation in forehead which treating physician stated was caused by work injury. Commission erred in denying employee's request for prospective cosmetic medical care, as Section 8(a) does not require that disfigurement be "serious and permanent." Commission properly denied penalties, additional compensation and attorney fees, as there was conflicting evidence as to whether employee's disfigurement required further treatment. (HOLDRIDGE, HOFFMAN, and STEWART, concurring; TURNER, specially concurring in part and dissenting in part.)

University of Illinois Hospital v. Illinois Workers' Compensation Commission

University of Illinois Hospital v. Illinois Workers' Compensation Commission
Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (1st) 113130WC
Decision Date: 
Friday, December 21, 2012
District: 
1st Dist.
Division/County: 
Cook Co., WC Div.
Holding: 
Vacated and remanded.
Justice: 
HOFFMAN
As two commissioners who found that claimant was entitled to receive benefits did not agree as to a permanency award, a majority of the commissioners did not approve the PPD award, and the Commission's decision was not final as it did not dispose of claimant's request for permanent disability benefits per Section 19(e). In absence of a final determination by the Industrial Commission, the circuit court lacked requisite subject-matter jurisdiction to enter order confirming Commission's decision. (HUDSON, HOLDRIDGE, APPLETON, and STEWART, concurring.)

Ingrassia Interior Elements v. Illinois Workers' Compensation Commission

Ingrassia Interior Elements v. Illinois Workers' Compensation Commission
Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (2d) 110670WC
Decision Date: 
Monday, December 10, 2012
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Circuit court reversed; Commission decision reinstated; remanded.
Justice: 
HUDSON
Circuit court erred in not giving deference to Commission's construction of Section 7030.40 of Workers' Compensation Act, which is reasonable, not in conflict with plain language, and entirely consistent with ordinary principles of contract law. The fact that a transcript was not filed within the time period specified in Section 19(b) of the Act does not deprive the Commission of its statutory authority to hear and consider cases under the Act. (HOFFMAN, TURNER< and STEWART, concurring; HOLDRIDGE, specially concurring.)

The Venture-Newberg Perini Stone and Webster v. Illinois Workers' Compensation Commission

The Venture-Newberg Perini Stone and Webster v. Illinois Workers' Compensation Commission
Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (4th) 110847WC
Decision Date: 
Thursday, December 6, 2012
District: 
4th Dist
Division/County: 
Sangamon Co.
Holding: 
Circuit court reversed; Commission decision reinstated.
Justice: 
HOFFMAN
Claimant's accident, which occurred while he was traveling from his motel to a jobsite to work as a pipefitter and vehicle in which he was riding skidded on a public highway, arose out of and in the course of his employment. Claimant was assigned to work at a power plant in excess of 200 miles from his home, at a site which was not the premises of the employer; thus, claimant had status of a "traveling employee". Commission properly concluded that it was reasonable and foreseeable that cliamant would travel a direct route from his lodging to the plant. (HOLDRIDGE and STEWART, concurring; HUDSON and TURNER, dissenting.)

W.B. Olson, Inc. v. Illinois Workers' Compensation Commission

W.B. Olson, Inc. v. Illinois Workers' Compensation Commission
Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (1st) 113129WC
Decision Date: 
Monday, November 5, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,WC Div.
Holding: 
Affirmed and remanded.
Justice: 
HOFFMAN
Workers Compensation Commission properly awarded benefits to construction laborer for knee injuries sustained while hauling debris in wheelbarrow to dumpster. Court properly found that vocational-rehabilitation plan was appropriate, and that claimant was diligently pursuing self-directed plan to obtain truck-driving position, and thus maintenance benefits award was proper. A claimant cannot be required to submit to an evaluation by a physical therapist, who is not a "medical practitioner" within Section 12 of Workers Compensation Act. (HUDSON, HOLDRIDGE, TURNER, and STEWART, concurring.)

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.)