Mailbox Rule Delivers

Mark Gruszeczka, Appellant v. Illinois Workers’ Compensation Commission (Alliance Contractors, Appellee) No. 2013 IL 114212 In Gruszeczka v. Illinois Workers’ Compensation Commission, the Illinois Supreme Court found that the “mailbox rule” applies to appeals of Commission Decisions to the Circuit Court. The rationale:  the filing is a continuation of and not the initiation of proceedings.

Employee Awarded Compensatory and Punitive Damages

Holland v. Schwan’s Home Services, Inc. No. 2013 IL App (5th) 110560 The Fifth District Appellate Court recently affirmed a jury verdict entered in favor of employee Larry Holland against his employer Schwan’s Home Services, Inc. (“Schwan’s”) awarding Holland $660,400 in compensatory and $3.6 million in punitive damages for retaliatory discharge.  In this article, we

Carrier Not Permitted to Appeal IWCC Award

QBE Insurance Company v. Illinois Workers’ Compensation Commission No. 2013 IL App (5th) 120336WC When QBE Insurance learned of an Arbitrator’s decision awarding compensation to Ronald Voges for a date of accident of October 14, 2010, it immediatelyfiled a review.  Unfortunately, QBE Insurance was not a party named on the Application for Adjustment of Claim

Reaching Injury Found Compensable

Autumn Accolade v. IWCC No. 2013 IL App (3d) 120588WC Petitioner Joan Shannon was employed as a caregiver at an assisted-care facility operated by Respondent, Autumn Accolade.  While assisting a female resident with a shower, she felt it necessary to remove a soap dish located under the shower head so that the resident would not

Intervening Work Injury; Separate Permanency Awards

National Freight Industries v. IWCC No. 2013 IL App (5th) 120043WC Andrew Smith worked as a driver for Fischer Lumber on November 6, 2006 when he injured his low back pulling boxes off a truck.  Smith reported right-sided symptoms; an MRI revealed a right-sided disc herniation at L3-L4 and a left-sided disc protrusion at L4-5. 

Cleaning Lady Awarded Compensation for Fall at Home on Lunch Break

Stanislawa Mlynarczyk v. IWCC No. 2013 IL App (3d) 120411WC The Compensation Commission denied Stanislawa Mlynarczyk’s claim for compensation, and she appealed, claiming that she was a “traveling employee” and thus entitled to compensation.  She was employed as a cleaning lady by Janitorial By Sophie working in churches, homes and offices.  She was paid by

Court Relaxes Mental-Mental Standard

Ismael Diaz vs. Illinois Workers’ Compensation Commission, et al. No. 2013 IL App. 2(d) 120294WC When we last commented on the subject of “mental-mental” injuries (CTA v. IWCC Alert), we opined that the court had eased the route to recovery for purely psychological injuries.  The CTA case seemed to eliminate the requirement that there be

Identification Qualifies for Cosmetic Surgery

Linda Dye v. Illinois Workers’ Compensation Commission, et al. No. 2012 Ill.App.(3d) 110907 WC Linda Dye was struck in the right temple by a steel cylinder in January 2007 while working for Plymouth Tube.  She was treated and released from a local hospital where she was diagnosed with closed head trauma, a concussion and an

Delayed Response Does Not Defeat Psych Claim

Chicago Transit Authority v. IWCC No. 2013 IL App. (1st) 120253 WC Sylvia Timms drove a bus for the CTA which struck a pedestrian who later died.  Timms did not witness the accident but saw the man laying in “almost a fetal position” with his mouth moving.  When she learned of his death, she recalled

Section 19h Limitations Period Bars TTD Benefits

Tony Curtis v. Illinois Workers’ Compensation Commission and Village of Lansing No. 2013 Ill.App. (1st 120976WD) Tony Curtis was awarded TTD, PPD and medical benefits after a series of hearings.  The Arbitrator’s decision was dated January 25, 2005, and was not reviewed by either party.  On January 21, 2010, Curtis filed a Petition for Hearing