All Overtime Earnings Excluded from Average Weekly Wage as Overtime Was Not Mandatory

Airborne Express, Inc. v. Industrial Commission No. 1-06-1960WC A most significant case has just been decided by the Special Appellate Court and will frequently be cited as the Airborne Express case.  Ron Bronke, a delivery driver for Airborne Express, was involved in three accidents, two in 2000 and one in 2001.  The three cases were

Appellate Court Reverses Trial Court’s Dismissal of Complaint Based on Shooting of One Employee by Another

Martinez v. Gutmann Leather No. 1-06-2346 In the Maria Martinez case, the appellate court had occasion to consider a civil action by the estate of a deceased employee.  Miguel Pena, an employee of Gutmann Leather, was allegedly killed by a fellow employee, Ramon Hernandez on the employer’s premises when Hernandez was still “on the clock.” 

Claimant Cannot Obtain “Odd Lot” Permanent Total Disability Award Without Supporting Evidence from a Rehabilitation of Vocational Counselor

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

In a Wage Differential Claim, the Court Found that Wages of Claimant’s Replacement Were Too Speculative

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

Marine Shipping Warehouse Manager Elects Workers’ Compensation Instead of Longshoremen’s Benefits – Permanent Disability Award Affirmed

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

Payments of Workers’ Compensation Benefits by Defendent Did Not Prevent Plaintiff from Pursuing Civil Action

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

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