Workers Compensation' Case Law Updates 2012

 

 

Appellate Court of Illinois

 

December 21, 2012

University of Illinois Hospital, Appellant / Cross - Appellee, v. Illinois Workers' Compensation Commission, et al. (Martha Aragon, Appellee / Cross-Appellant)

TRIAL COURT LACKED SUBJECT MATTER JURISDICTION TO CONFIRM INDUSTRIAL COMMISSION'S DECISION—Commission's decision was not final where two Commissioners who found claimant entitled to benefits did not agree on a permanency award.

 

December 10, 2012

Ingrassia Interior Elements, Appellee, v. Illinois Workers' Compensation Commission et al. (Roger Seymour, Appellant)

UNTIMELY FILING OF TRANSCRIPT DID NOT DEPRIVE INDUSTRIAL COMMISSION OF SUBJECT MATTER JURISDICTION.

 

December 6, 2012

The Venture-Newberg Perini Stone and Webster, Appellee, v. Illinois Workers' Compensation Commission et al. (Ronald Daugherty, Appellant)

TRAVELING EMPLOYEE ENTITLED TO WORKERS' COMP—DECISION OF INDUSTRIAL COMMISSION REINSTATED—claimant, a pipefitter, was assigned to work at power plant over 200 miles from his home—injuries incurred in auto accident while traveling from his motel to jobsite were compensable.

 

November 21, 2012

Takeisha Glasgow, Individually and on Behalf of Her Two Minor Children, Brandon F. and Allivan G., Plaintiff-Appellant, v. Associated Banc-Corp and Associated Banc-Corp—Lindenhurst Branch, Defendants-Appellees

WORKERS' COMPENSATION ACT HELD TO BE EXCLUSIVE REMEDY—BANK TELLER INJURED DURING ARMED BANK ROBBERY—personal injury action against bank, alleging willful and wanton conduct in bank's failure to adopt security precautions was properly dismissed by trial court.

 

November 5, 2012

Antoni Labuz, Appellant, v. Illinois Workers' Compensation Commission, et al. (JKC Trucking Co., Inc., Appellee)

TRUCK DRIVER FOUND TO BE EMPLOYEE—CAUSE REMANDED FOR RECALCULATION OF AVERAGE WEEKLY WAGE—although claimant signed an agreement stating that he was an independent contractor, his lack of knowledge of English rendered his signature invalid and the evidence of the employer's control established that he was an employee at the time of injury.

 

August 20, 2012

Supreme Catering, Appellant, v. Illinois Workers' Compensation Commission, et al., (Rene Diaz, Appellee)

TRIAL COURT WAS WITHOUT JURISDICTION TO RULE ON WHETHER CLAIMANT WAS EMPLOYEE OR INDEPENDENT CONTRACTOR AT TIME OF INJURY—Workers’ Compensation Commission’s remandment for further proceedings on issue of vocational rehabilitation was interlocutory in nature and not a final order.

 

August 14, 2012

Alma Gutierrez Rodriguez, Special Administrator of the Estate of Jose Rodriguez, Plaintiff-Appellant, v. Frankie's Beef / Pasta and Catering, a Corporation, Defendant-Appellee.

WORKERS’ COMPENSATION AS EXCLUSIVE REMEDY—decedent’s death, after being shot by a co-worker following an altercation a day earlier, was “accidental” under the Workers’ Compensation Act and therefore the administrator of decedent’s estate could not recover common law damages against the employer.

 

July 19, 2012

Moevanu Prodanic, Individually and as Special Administrator for the Estate of Milovan Prodanic, Deceased, Plaintiff-Appellant, v. Grossinger City Autocorp, Inc., Defendant-Appellee (Grossprops Associates, LLC, Defendant; Grossinger MotorCorp, Inc., and United Heartland, Inc., Intervenors-Plaintiffs)

BORROWED EMPLOYEE—decedent was borrowed employee of city at time of injury—Workers' Compensation Act was exclusive remedy.

 

May 30, 2012

Bill A. Axe v. Norfolk Southern Railway Company, Consolidated Rail Corporation, and American Premier Underwriters, Inc., Defendants-Appellees.

RETIRED RAILROAD CONDUCTOR'S ACTION UNDER FELA ALLEGING INJURIES CAUSED BY REPETITIVE TRAUMA TO HIS KNEES, BARRED BY THREE-YEAR LIMITATION PERIOD—medical records established that plaintiff should have been aware of his condition more than three years before he filed suit.

 

April 30, 2012

Donald Edmonds v. IWCC

COAL WORKERS’ PNEUMOCONIOSIS—TRIAL COURT ERRONEOUSLY OVERTURNED AWARD OF PPP BENEFITS REPRESENTING 10 PERCENT OF PERSON AS A WHOLE—earlier denial of claim in proceeding pursuant to Black Lung Benefits Act was not an “adjudication” for the purpose of collateral estoppel.

 

February 17, 2012

Will County Forest Preserve District v. Illinois Workers' Compensation Commission et al. (Denzil Smothers, Appellee)

HEAVY EQUIPMENT OPERATOR—SHOULDER INJURY—SURGERY, REHAB AND RETURN TO SAME DUTIES—award for person as a whole under section 8(d)2 of Comp. Act upheld, but under first subparagraph of section, rather than under third subparagraph, as awarded by Commission.

 

February 14, 2012

Mark Gruszeczka v. Illinois Workers' Compensation Commission et al. (Alliance Contractors, Appellee and Cross-Appellant)

LIMITATION RULE FOR FILING FOR JUDICIAL REVIEW DOES NOT CONTAIN A MAILBOX RULE—commencement date is date upon which proceeding for judicial review is actually received by clerk of court, not date document mailed to clerk.

 

February 2, 2012

Naresh Patel v. Home Depot USA, Inc. (The Home Depot, Inc., and Sedgwick Claims Management Services, Inc., Respondents)

SECTION 19(G) OF WORKERS’ COMPENSATION ACT DOES NOT PROVIDE REMEDY FOR EMPLOYER’S INADVERTENT OVERPAYMENT OF BENEFITS FOR A CERTAIN TIME PERIOD—an employer cannot apply a credit for its overpayment against benefits to which the employee was previously entitled to avoid a judgment pursuant to section 19(g)

 
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