Workers Compensation' Case Law Updates 2006
Supreme Court of Illinois
Filed October 19, 2006
Deana Durand, Appellant, v. The Illinois Industrial Commission et al. (RLI Insurance Company, Appellee)
CLAIM FOR WORKERS' COMPENSATION, BASED UPON CARPEL TUNNEL SYNDROME, WAS NOT UNTIMELY—manifestation date for hand injury due to work-related carpel tunnel syndrome did not relate back to date claimant first noticed pain—workers should not be penalized for continuing to work in pain.
Filed February 17, 2006
Cassens Transport Company, Appellant, v. The Illinois Industrial Commission et al. (Edwin Ade, Appellee)
WORKERS' COMPENSATION ACT DOES NOT PROVIDE INDUSTRIAL COMMISSION WITH JURISDICTION TO MODIFY FINAL AWARD—WAGE DIFFERENTIAL AWARD—where the Industrial Commission, in 1993, awarded claimant a wage differential award on a continuing basis for a 1998 hand injury, the Industrial Commission was without jurisdiction to act on the employer's 2003 petition to terminate the wage differential payments.
Appellate Court of Illinois
Filed December 19, 2006
J.S. Masonry, Inc., Appellant, v. The Illinois Industrial Commission, et al. (Josef Piatek, Appellee)
FALL FROM SCAFFOLD—CLAIMANT'S FAILURE TO FASTEN SAFETY GATE ON SCAFFOLD DID NOT TAKE HIM OUTSIDE SCOPE OF EMPLOYMENT—an injury suffered while an employee is performing duties for which he was hired arises out of the employment, without regard to the fact that the employee knowingly violated a safety rule.
Filed December 6, 2006
John Gurnitz, Petitioner-Appellant, v. Lasits-Rohline Service Inc., Respondent-Appellee
IRRECONCILABLE INCONSISTENCY IN WORKERS' COMPENSATION AWARD—claimant's action, pursuant to section 19(g) of Workers' Comp. Act, to correct error in Commission's decision, should not have been dismissed.
Filed December 1, 2006
Truman L. Crispell, Appellee, v. The Illinois Industrial Commission et al. (Transervice Corporation, a/k/a TTC, Inc., Appellant)
AMPUTATION INJURY TO LEG—EMPLOYER'S LIEN AGAINST EMPLOYEE'S THIRD-PARY JUDGMENT COVERED EXPENSES ASSOCIATED WITH MAINTENANCE, REFITTING, OR REPLACEMENT OF PROSTHESIS.
Filed November 27, 2006
Gary Arnold, Jr., Petitioner-Appellee, v. Mt. Carmel Public Utility, Respondent-Appellant
CHAIRMAN OF COMMISSION IS A MEMBER OF THE COMMISSION AND IS NOT PROHIBITED FROM SITTING ON A DECISION-MAKING PANEL.
Filed November 16, 2006
Roy Kinn, Plaintiff-Appellant, v. Prairie Farms / Muller Pinehurst, Defendant-Appellee
WORKERS' COMPENSATION SETTLEMENT AGREEMENT—TRIAL COURT LACKED JURISDICTION TO RESCIND AGREEMENT—where the arbitrator approved a settlement agreement between plaintiff truck driver, who had developed carpal tunnel syndrome, and his employer, and plaintiff did not seek review of the agreement within 20 days, the trial court was without jurisdiction to rescind the agreement to account for a later discovered medical bill, absent a showing of fraud.
Filed October 17, 2006
Thadeus Norris and Nicolette Norris, as special administrators of the Esate of Tommy J. Norris, Deceased, Plainfiffs-Appellees, v. National Union Fire Insurance Company of Pittsburgh, PA., Defendant-Appellant
EXCLUSIVE REMEDY UNDER WORKERS' COMPENSATION ACT DID NOT BAR CLAIM FOR UNINSURED MOTORIST COVERAGE AGAINST EMPLOYER'S INSURER—policy should have been reformed to increase uninsured motorist coverage up to personal injury limits of the policy—appellate court reaffirmed original 2001 decision in the same case—see 326 Ill. App. 3d 314.
Filed September 21, 2006
P.I. & I. Motor Express, Inc. / For U, LLC, Appellant, v. The Illinois Industrial Commission, et al. (Tony Faulkenberry, Appellee)
TRUCK DRIVER—CONTRACT OF HIRE IN ILLINOIS—ACCIDENTAL INJURY IN SISTER STATE—by pursuing a workers' compensation claim in a sister state, the claimant was not barred from seeking further workers' compensation benefits in Illinois.
Filed September 19, 2006
Father George Radosevich, Executor of the Estate of Emma Hoemmen, Appellant and Cross-Appellee, v. The Illinois Industrial Commission et al. (Roman Catholic Diocese of Springfield, Illinois), Appellee and Cross-Appellant
TRIAL COURT'S FINDING THAT EMPLOYER REFUSED TO PAY ARBITRATION AWARD UPHELD—ATTORNEY FEES AWARDED WERE REASONABLE—INTEREST AWARDED WAS INADEQUATE—MOTION TO SUPPLEMENT RECORD ON APPEAL DENIED—trial court's award of attorney fees upon finding employer refused to pay arbitration award was upheld as reasonable, but interest awarded on judgment reflecting unappealed arbitrator's award should have increased to 9% per annum pursuant to 2-1303 of Code of Civil Procedure.
Filed September 5, 2006
State Farm Mutual Automobile Insurance Company, Plaintiff-Appellee, v. Steven E. Coe, Defendant-Appellant
INSURER ALLOWED TO SET OFF WORKERS' COMPENSATION BENEFITS AGAINST UNDERINSURED POLICY COVERAGE—allowing workers' compensation set off against the underinsured coverage amount, without considering the total damages sustained, did not violate the purpose behind the underinsured motorist statute.
Filed August 30, 2006
James Gallagher and Michelle Gallagher, Plaintiffs-Appellees, v. Jaroslaw Robert Lenart, Individually, and as agent for Pacella Trucking Express, Inc., and Pacella Trucking Express, Inc., an Illinois Corporation, Defendants-Appellees (Rail Terminal Services, LLC, Intervenor-Appellant)
EMPLOYER DID NOT WAIVE OR FORFEIT ITS WORKERS' COMPENSATION LIEN BY FAILING TO SPECIFICALLY RESERVE IT IN SETTLEMENT AGREEMENT—appellate decision in Borrowman v. Prastein, upon which trial court relied, was rejected—fact employer knew of employee's pending claim against a third-party tortfeaser was of no consequence.
Filed March 31, 2006
Daniel Mabie, Plaintiff-Appellee, v. Village of Schaumburg, Defendant-Appellant
PRIOR DECISION IN WORKERS' COMPENSATION CASE THAT INJURY "AROSE OUT OF AND IN COURSE OF EMPLOYMENT" COLLATERALLY ESTOPPED VILLAGE FROM RELITIGATING ISSUE OF CAUSALITY IN A PUBLIC EMPLOYEE DISABILITY CASE—injured fireman did not waive right to bring PEDA claim by signing workers' compensation settlement agreement.
Filed March 30, 2006
Pinckneyville Community Hospital, Appellant, v. The Illinois Industrial Commission et al. (Mary Downen, Appellee)
COMPENSATION FOR STROKE SUFFERED WHILE GIVING SPEECH AT EMPLOYER-SPONSORED DINNER—TTD—TOTAL PERMANENT DISABILITY—evidence supported the Industrial Commission's findings that claimant, as director of nursing for a hospital, was ordered or assigned to give a speech at a dinner honoring a retiring doctor, and that the stress of giving the speech aggravated claimant's preexisting condition of hypertension resulting in a intracerebral hemorrhage and stroke.