Workers Compensation' Case Law Updates 2008
Supreme Court of Illinois
Filed December 18, 2008
Daniel Ioerger et al., Appellees, v. Halverson Construction Company, Inc. (Midwest Foundation Corporation, Appellant)
IMMUNITY AFFORDED EMPLOYER BY EXCLUSIVE REMEDY PROVISION OF WORKERS' COMPENSATION ACT EXTENDS TO EMPLOYER'S CO-VENTURER AND TO THE JOINT VENTURE ITSELF—joint venture of two companies repairing bridge over Illinois River at Peoria.
Filed November 20, 2008
Billy Taylor, Appellee, v. Pekin Insurance Company, Appellant
EMPLOYER'S LIEN ON EMPLOYEE'S RECOVERY AGAINST THIRD-PARTY TORT FEASOR—requirement that employer pay the employee's attorney a fee equal to 25% of the lien recovered by the employee did not apply where the employee's recovery was from the uninsured motorist provision of the employer's auto liability policy.
Filed October 17, 2008
Maxit, Inc., Appellant v. John Van Cleve et al., Appellees
SETTLEMENT AGREEMENT NOT APPROVED BY INDUSTRIAL COMMISSION WAS INEFFECTIVE AS TO CLAIM FOR WORKERS' COMPENSATION—where a truck driver, injured in the course of his employment, filed a workers' compensation claim, even though the employer was not covered under any workers' compensation insurance policy at the time, and also filed a claim under the employer's underinsured-motorist policy, a release purporting to settle all claims was ineffective with regard to the workers' compensation claim without approval by the Industrial Commission.
Filed April 17, 2008
Gregory A. Smith, Appellant, v. Waukegan Park District, Appellee
RETALIATORY DISCHARGE—SECTION 2-109 OF TORT IMMUNITY ACT PROVIDES PUBLIC ENTITIES NO IMMUNITY FROM RETALIATORY DISCHARGE ACTION BASED UPON THE EXERCISE OF WORKERS' COMPENSATION RIGHTS.
Appellate Court of Illinois
Filed December 23, 2008
City of Chicago, Plaintiff-Appellant, v. The Illinois Workers' Compensation Commission et al. (Ezra Townsend, Defendants-Appellees)
ERRONEOUS EXCLUSION OF INDEPENDENT MEDICAL EXAMINER'S REPORT FROM EVIDENCE AT PERMANENCY HEARING—section 12 of the Workers' Compensation Act did not mandate exclusion—award for total and permanent disability set aside and cause remanded.
Filed December 18, 2008
Carrie Hester, Plaintiff-Appellant, v. Gilster-Mary Lee Corporation, Defendant-Appellee
RETALIATORY DISCHARGE ACTION BASED UPON DISCHARGE FOR ENGAGING IN ACTIVITIES PROTECTED BY WORKERS' COMPENSATION ACT—borrowed employee, who was discharged for testifying at a coworkers' workers' compensation claim hearing, was entitled to maintain retaliatory discharge action against borrowing employer.
Filed December 16, 2008
Patrick Weyer, Appellant, v. The Illinois Workers' Compensation Commission et al. (Wagner Heating and Ventilation, Appellee)
EACH SECTION 19(b) PROCEEDING IS A SEPARATE PROCEEDING, LIMITED TO A DETERMINATION OF TEMPORARY DISABILITY UP TO THE DATE OF THE HEARING—despite a finding, at a 2003 arbitration hearing, that claimant's left shoulder injuries were work related, a finding at a 2005 arbitration hearing that a recently discovered SLAP lesion was not work related was upheld—application of "law of the case" doctrine.
Filed December 12, 2008
Smalley Steel Ring Company, Appellant, v. Illinois Workers' Compensation Commission, et al. (Harry Diaz, Appellee)
ARBITRATOR WAS WITHOUT JURISDICTION TO REOPEN PROOFS AND ISSUE A SECOND DECISION DESPITE ALLEGATIONS OF FRAUD, WHERE NEITHER PARTY SOUGHT REVIEW WITH THE COMMISSION.
Filed December 9, 2008
Economy Packing Company, Appellant, v. Illinois Workers' Compensation Commission et al. (Ramona Navarro, Appellee)
FEDERAL IMMIGRATION REFORM AND CONTROL ACT OF 1986 DOES NOT PRECLUDE UNDOCUMENTED ALIENS FROM RECEIVING WORKERS' COMPENSATION BENEFITS—undocumented alien may establish that he or she is permanently and totally disabled under the "odd-lot" doctrine, so long as the unemployability is not based upon his or her immigration status.
Filed December 3, 2008
Kenneth Davis, Charles Deaton, Fred Deaton, Robert Engle, Bob Ganz, Thomas Saathoff, as Special Administrator for Annette May, Larry Nolen, Arthur Phillips, Philip Richerson, Larry Winters, and Wendell Yeary, Plaintiffs-Appellees, v. American Optical Corporation, Defendant and Third-Party Plaintiff-Appellant, and Minnesota Mining and Manufacturing Company, Inc., n/k/a The 3M Company, Defendant and Third-Party Plaintiff-Appellee (The American Coal Company, a/k/a Arch of Illinois et al., Third-Party Defendants-Appellees)
WORKERS' COMPENSATION LIENS—COAL WORKERS' PNEUMOCONIOSIS RESULTING FROM ALLEGEDLY DEFECTIVE MASKS AND RESPIRATORS—setting defendants can pay consideration for release of other impact on right to collect workers' compensation liens.
Filed November 18, 2008
Ming Auto Body / Mind of Decatur, Inc., Appellant, v. The Illinois Industrial Commission, et al. (Darrell Marmor, Appellee)
BACK INJURY SUFFERED BY AUTO MECHANIC—SPINAL FUSION AND SUBSEQUENT SURGERY TO REMOVE RODS FROM BACK—unappealed award of benefits will stand, despite allegations of fraudulent testimony at permanency hearing—"doctrine of law of the case."
Filed October 20, 2008
Interstate Scaffolding, Inc., Appellant, v. The Illinois Workers' Compensation Commission, et al. (Jeff Urban, Appellee)
CLAIMANT CONSTRUCTION WORKER TERMINATED AS THE RESULT OF VOLITIONAL CONDUCT WHILE PERFORMING LIGHT-DUTY WORK FOLLOWING WORK-RELATED INJURY—claimant was not entitled to collect TTD benefits where his discharge from work was volitional and for reasons unrelated to his injury.
Filed September 24, 2008
Cecil Uphold, Appellant, v. The Illinois Workers' Compensation Commission et al. (National Maintenance & Repair, Appellee)
WORKERS' COMPENSATION CLAIM PREEMPTED BY FEDERAL LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT—claimant injured while cleaning bilge water from boat attached to barge on Mississippi River—work was in preparation for traditional maritime activity, namely ship repair.
Filed September 18, 2008
Hollywood Trucking, Inc., Plaintiff-Appellant, v. Roger Watters, M.D., Primary Care Group, and James Atkinson, Defendants-Appellees
DISMISSAL OF COURT ALLEGING THAT DEFENDANT PHYSICIAN NEGLIGENTLY CERTIFIED PLAINTIFF EMPLOYEE'S PHYSICAL FITNESS TO OPERATE COMMERCIAL VEHICLE UPHELD—court seeking return of benefits paid employee because employee fraudulently misrepresented his medical history to physician conducting preemployment physical was properly dismissed, since exclusive jurisdiction resided with Industrial Commission.