Workers’ Compensation Law

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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Edmonds v. Illinois Workers' Compensation Commission

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

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

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

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.)