News

Trucking Company’s Attempt to Establish Claimant as Independent Contractor Fails – Claimant Held to Be an Employee

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

Questions of Accident and Notice Resolved in Favor of Petitioner – However, Court Holds a Glimmer of Hope When Commission Reverses Arbitrator When Witness Credibility is the Issue

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

Employer’s Subrogation Claim Not Waived Even Though Settlement Contract Terms Failed to Address Issue of Subrogation Under Section 5(b) of the Act

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

Wage Loss Claim Approved Based on Estimated Compensation Obtained by Investigator

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

Workers’ Compensation Claim Leads to Civil Action Based on Intrusion Upon Seclusion

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

Injury Resulting From a Violation of a Saftey Rule: Held Compensable

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