Workers Compensation' Case Law Updates 2010
Supreme Court of Illinois
Filed January 22, 2010
Interstate Scaffolding, Inc., Appellee, v. The Illinois Workers' Compensation Commission et al. (Jeff Urban, Appellant)
EMPLOYER'S OBLIGATION TO PAY TTD WORKERS' COMPENSATION BENEFITS DOES NOT CEASE WHEN EMPLOYEE IS TERMINATED FOR CONDUCT UNRELATED TO THE INJURY.
Appellate Court of Illinois
Filed December 27, 2010
Rosa Rojas v. IWCC (Foell Packing Company, appellee)
ARM AND SHOULDER INJURY—TRIAL COURT WAS WITHOUT JURISDICTION TO HEAR APPEAL FROM DENIAL OF PETITION TO REINSTATE CLAIM DISMISSED FOR WANT OF PROCECUTION—trial court lacked subject matter jurisdiction.
Filed December 20, 2010
Jeffrey Cox v. IWCC (Berger Excavating Contractors, Appellee).
TRAVELING EMPLOYEE—CONSTRUCTION FOREMAN’S INJURY WHILE DRIVING EMPLOYER-PROVIDED VEHICLE HOME WAS COMPENSABLE—stopping at bank to withdraw money on way home was not a personal deviation removing claimant from scope of employment at time of incident.
Filed November 16, 2010
Help at Home v. IWCC (Patty Lackscheide, Appellee)
UNDER “LAW OF THE CASE DOCTRINE”, INDUSTRIAL COMMISSION WAS WITHOUT AUTHORITY TO REMAND TO ARBITRATOR TO CONSIDER ADDITIONAL EVIDENCE ON CAUSAL CONNECTION ISSUE WHERE PARTY NEVER SOUGHT JUDICIAL REVIEW.
Filed November 16, 2010
Mary Francis Menard v. IWCC (Gateway Foundation, Appellee)
AWARD FOR BACK INJURY PROPERLY SET ASIDE ON BASIS THAT EMPLOYER-EMPLOYEE RELATIONSHIP DID NOT EXIST AT TIME OF INCIDENT—claimant had already been terminated from work at time incident occurred, which was while claimant was traveling to site of an independent medical examination requested by the employer.
Filed September 29, 2010Maria Mendez v. Atlantic Painting Company, Inc.
KENTUCKY’S WORKERS’ COMPENSATION ACT IMMUNIZED ILLINOIS CORPORATION FROM NEGLIGENCE ACTION—death in Kentucky of Illinois resident, who fell to his death while working as a painter that was the subcontractor of another Illinois corporation that had a contract to repair a bridge over the Ohio River.
Filed August 20, 2010All American Roofing v. Zurich American Insurance Company.
EMPLOYER’S WORKERS’ COMPENSATION INSURANCE COVERAGE—employer was bound by program agreements it executed subjecting it to mandatory arbitration regarding retrospectively rated premiums.
Filed August 3, 2010Theresa Dodaro v. Illinois Workers’ Compensation Commission and The City of Chicago.
EXCLUSION OF DULY APPOINTED MEMBERS OF POLICE DEPARTMENT FROM WORKERS’ COMPENSATION COVERAGE—claimant, injured while training at police academy to become police officer for city of Chicago, was not an “employee” within the terms of section 1(b)1 of the Comp. Act, which excludes from Workers’ Comp. coverage any duly appointed member of a police department in any city of greater than 200,000 population.
Filed July 13, 2010Boyd Electric v. Workers’ Compensation Commission, et al.
DENIAL OF PETITION FOR MODIFICATION OF PERMANENT TOTAL DISABILITY AWARD AND DENIAL OF EMPLOYER’S REQUEST TO EXAMINE EMPLOYEE’S INCOME TAX AND EARNINGS RECORDS UPHELD.
Filed July 6, 2010Sandie Weidner v. Jeremy S. Karlin and Stoerzbach Morrison, P.C.; Stoerzbach, Morrison, Robertson, Wilcox, Alcorn, P.C.; Barash Stoerzbach and Hensen, P.C.
FAILURE OF ATTORNEY TO FILE APPLICATION FOR ADJUSTMENT OF WORKERS’ COMPENSATION CLAIM WITHIN THREE-YEAR LIMITATIONS PERIOD—actions for legal malpractice and common law fraud.
Filed June 24, 2010Holtkamp Trucking Company v. David J. Fletcher, M.D., L.L.C., d/b/a Safeworks Illinois.
ACTION TO ENFORCE INDUSTRIAL COMMISSION’S SUBPOENA TO PRODUCE MEDICAL RECORDS—DEFENDANT HELD IN DIRECT CIVIL CONTEMPT—trial court was without authority to require plaintiff to pay defendant a specified amount per page of photocopied medical records.
Filed June 22, 2010Copperweld Tubing Products, Co. v. IWCC et al.
CAUSE REMANDED FOR RECALCULATION OF WAGE DIFFERENTIAL AWARD—LIFTING RESTRICTIONS FOLLOWING MILL OPERATOR’S ELBOW INJURY—overtime must be excluded from calculation of employee’s average weekly wage.
Filed June 15, 2010Vallis Wyngroff Business Forms, Inc. v. The Illinois Workers’ Compensation Commission, et al.
TRIAL COURT LACKED JURISDICTION TO REVIEW COMMISSION DECISION AWARDING TTD AND PERMANENT TOTAL DISABILITY—appeal bond filed by employer’s insurer failed to meet the requirements of section 1q(f)(2) of the Comp. Act.
Filed June 3, 2010Heraldo Esquivel v. Illinois Workers’ Compensation Commission, et al.
TRIAL COURT LACKED SUBJECT-MATTER JURISDICTION FOR ADMINISTRATIVE REVIEW OF COMMISSION’S DECISION—strict compliance with Section 19(f)(1) of Comp. Act is essential to trial court’s subject-matter jurisdiction.
Filed May 4, 2010Agnes Skzubel v. IWCC et al.
NEWSPAPER DELIVERY PERSON—Commission’s finding that claimant was independent contractor reversed.
Filed April 27, 2010Robert F. Keating, Jr. v. 68th and Paxton L.L.C., et al.
PREMISES LIABILITY ARISING OUT OF INJURIES SUFFERED IN FALL BY WORKMAN DEMOLISHING A PORCH—claims of an employer’s failure to provide workers’ compensation insurance must be presented to the Commission for a hearing before an action can be filed in the trial court under section 4(d) of the Comp. Act.
Filed February 9, 2010
R & D Thiel, a Division of Carpenter Contractors of America, Appellant, v. The Illinois Workers' Compensation Commission, et al., (Manuel Robledo, Appellee)
BACK AND KNEE INJURIES RECEIVED IN FALL FROM LADDER AT WORK—cause remanded where Industrial Commission gave no reasons for a contrary determination regarding the credibility of two principal witnesses.
Filed January 12, 2010
Regina M. Reed, Plaintiff-Appellant, v. Richard White, Executor of the Estate of Nelda Harris, d/b/a Harris Farms, and Ronald D. Reed, Defendants-Appellees
EXCLUSIVITY PROVISIONS OF WORKERS' COMPENSATION ACT DID NOT BAR COMMON LAW ACTION FOR NEGLIGENCE ARISING OUT OF FARM ACCIDENT INVOLVING FAMILY MEMBER—plaintiff's filing of a workers' compensation claim and receipt of benefits did not estop her from filing a common law negligence action.