Workers Compensation' Case Law Updates 2007


Supreme Court of Illinois


Filed March 22, 2007

Donald D. Roberson, Appellee, v. The Illinois Industrial Commission (P.I. & I Motor Express, Inc., Appellant)

WORKERS' COMPENSATION—Industrial Commission's finding that employment relationship existed between a truck driver who was injured while unloading freight and a motor carrier was not against the manifest weight of the evidence despite written agreement between the parties stating that driver was independent contractor, not an employee—carrier had exclusive possession, control and use of driver's equipment and exercised right to control driver's activities.


Filed January 19, 2007

Virginia Surety Company, Inc., Appellant, v. Northern Insurance Company of New York et al., Appellees

INSURANCE—contribution sought as result of negligence claim filed by subcontractor's injured employee—in a declaratory judgment action filed by an insurer seeking a declaration that the defendant insurance company was obligated to defend and indemnify its insured under a commercial general liability policy, the trial court's entry of summary judgment in favor of the defendant was upheld on appeal since the construction subcontract between the contractor and subcontractor did not fall within the "insured contract" exception to the employer's liability exclusion of the defendant's policy.



Appellate Court of Illinois


Filed December 18, 2007

Thomas Potenzo, Appellant, v. The Illinois Workers' Compensation Commission, et al. (Jewel Food Stores, Appellee)

TRAVELING EMPLOYEE ASSAULTED IN AREA ACCESSIBLE TO GENERAL PUBLIC—Industrial Commission should not have denied benefits to truck driver injured as result of being assaulted by a stranger while unloading truck onto loading dock in rear alleyway of store—by virtue of his employment, claimant was exposed to risk of being assaulted to a greater degree than the general public.


Filed January 11, 2007

Edwin Harder, Plaintiff-Appellee, v. Timothy Kelly and Illinois Central Railroad Company, a/k/a Canadian National, Defendants (Hortica Insurance Company, as Subrogee of Schaeffer's Greenhouse, Inc., Intervenor-Appellant)

EMPLOYER'S SECTION 5(b) LIEN—absence of reference to the employer's lien in settlement agreement did not amount to a voluntary and intentional waiver of employer's right to assert a lien against employee's recovery from third party—assertion by employer's insurer that it was subrugated to the employer's right to assert a lien.



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