Workers’ Compensation Law

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.)

Jury verdict for $1.66 million, reduced to $700,143 for decedent's contributory negligence, for injury to train passenger who hurried across pedestrian crosswalk and was blown back into oncoming train, whose horn had sounded while passenger was halfway across crosswalk. Defendant railroad had duty to warn decedent of the approaching train. Jury's finding that decedent walked in front of train when he knew it was unsafe to do so is consistent with its finding that accident was partially attributable to his own negligence, and is not inconsistent with its verdict or it findings that Defendant failed to adequately warn of approaching train. (QUINN and NEVILLE, concurring.)

Deputy sheriff left his assigned patrol zone to get his personal mail from a post office across county line, and while leaving post office he received a dispatch to assist another deputy sheriff. While en route there, he was in a car accident and was injured. As he driving a county sheriff's patrol car, and responding to an assignment from his dispatcher to assist another deputy sheriff, the only reasonable conclusion to be drawn from facts is that at time of injury he was acting within sphere of his employment, in obeying instructions of his employer to assist another deputy, and that his injuries arose out of and in course of his employment. (HOLDRIDGE and STEWART, concurring; McCULLOUGH and HUDSON, dissenting.)

Industrial Commission, rather than circuit court, has jurisdiction to hear workers' compensation carrier's claim for fraud against employee who suffered work-related injury. Insurer discovered that employee had begun employment with plumbing company during time that insurer was paying him TTD benefits. Complaint does not present questions of law but of fact, and Commission can draw on its special expertise to answer questions of fact presented by fraud theories. (CONNORS and HARRIS, concurring.)