Westin Hotel v. Industrial Commission No. 1-06-1728WC On October 5, 1998, Theodoros Vakalidis, a hotel painter, was attempting to prevent a heavy cart from tipping over as it dropped six inches from the sidewalk. Consequently, he experienced injuries to his back and left knee resulting in treatment by eight orthopedic surgeons over the next four
Taylor v. Industrial Commission No. 4-06-0412WC Thomas Taylor, a 44 year old truck driver was unloading groceries at a stop on his pre-determined route. While pushing a two-wheel cart loaded with groceries, he slipped on a ramp and ultimately underwent surgery on his knee. He was then assigned to duties as a dispatcher and received
Federal Marine Terminals v. Industrial Commission No. 1-06-1738WC Vincent Buza, a 52 year old marine shipping warehouse manager, was supervising the unloading of cargo and when he entered into the warehouse to take inventory, he tripped over a piece of wood, falling on his hands and knees. The following morning, he was seen at the
Townsend v. James Fassbinder, et al No. 2-06-0226 Steve Townsend and his wife, Kristi Townsend, had a civil action against Fassbinder United Builders, Inc (United), owned by Jim Fassbinder, and Rainbow Painting Services, Inc. (Rainbow), owned by Mike Fassbinder, Jim’s brother, as a result of Townsend’s fall through an unguarded and unbarricaded hole in the
Roberson v. Industrial Commission No. 102723 For obvious reasons, trucking companies have for years attempted to utilize documentary evidence to establish its drivers as independent contractors. In most cases, the attempt fails. In the recent Supreme Court case, the Supreme Court noticed that many of the facts pointed to Donald Roberson as an independent contractor
S & H Floor Covering v. Workers’ Compensation Commission No. 4-04-0245WC Rick Gastineau, petitioner, whose regular job involved the laying of commercial flooring, alleged that he had an accidental injury for which he gave the statutory notice while employed by S & H Floor Covering, Inc. His claim was denied by the arbitrator who concluded
Harder v. Timothy Kelly, et al No. 1-06-0404 In our April, 2005 Newsletter, we reported on the appellate court case of Borrowman v. Prastein, wherein Borrowman settled his workers’ compensation claim for $200,000, but where the terms failed to acknowledge that his employer was entitled to subrogation in the medical malpractice civil action. Borrowman relied
First Assist, Inc. v. Industrial Commission No. 4-06-0206WC Mary Khatri, employed by First Assist, a medical clinic, began her employment in June of 1991. She performed the services of an operating nurse which duties consisted of assisting doctors during surgery, including the handling of surgical instruments but also involving lifting of patients on and off
James Burns, Jr. v. Masterbrand Cabinets, et al No. 4-06-0296 What type of claim is intrusion upon seclusion? What does it have to do with workers’ compensation? Before those questions can be answered, one would need a list of characters involved in this scenario. They are best described in an appellate court decision brought by
J.S. Masonry, Inc. v. Industrial Commission No. 1-06-0717WC In the J.S. Masonry, Inc. case, the appellate court had occasion to consider a claim of Josef Piatek, a 52 year old bricklayer helper whose duties included the assistance to other workers in the construction of a scaffold. The horizontal rail on the scaffold was to serve
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