Workers’ Compensation Law

Claimant, an apprentice carpenter, was rendered a paraplegic after falling through floor opening on second floor. Employer contended marijuana use, detected via urinalysis, was proximate cause of fall. IWCC Rule requires showing of actual bias for arbitrator recusal, and recusal not mandated where litigation pending between arbitrator and a party. Employee was winding in a chalk line when he fell, and no evidence that he was so intoxicated that he had abandoned his employment, nor that marijuana use was sole cause of fall, and witness statements establish employee was performing his job duties at time of accident. Award of penalties and fees reversed as reasonable person could have concluded that claimant was not entitled to workers' compensation benefits.

Commission's decision not contrary to manifest weight of evidence as to nature and extent of injuries, necessity and reasonableness of medical expenses, and causal relationship, although contrary to certain of arbitrator's findings, including as to credibility, for which Commission explained reasons. Arbitrator concluded only soft-tissue injury to low back related to fall at work, and that Plaintiff failed to prove permanent injury or future medical treatment as to knee; whereas Commission found that Plaintiff proved disk protrustion and annular tear, and fracture and possible meniscal tear of knee caused by work-related fall.