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

Pension Payments Do Not Merit Section 8j Credit

Wood Dale Electric v.ll. Illinois Workers’ Compensation Commission No. 2013 Il. App. (1st) 113394WC Richard Bilson was a journeyman electrician whose work-related injuries prevented him from returning to work in his trade.  Eventually, he took a part-time bus driver position ($12.50 per hour for 20 per week), which was substantially less than the $37.80 per

SMART Act Becomes Law

On January 10, 2013, President Obama signed the Strengthening Medicare and Repaying Taxpayers (“SMART Act”) into law.  The law is intended to ease the burden of certain Medicare Secondary Payer requirements on the parties to litigation.  The Act’s highlights include: Permits parties to determine Medicare’s claim for conditional payment reimbursement prior to settlement.  This eliminates

Employer Not Entitled to FCE as Part of a Section 12 Evaluation

W. B. Olson, Inc. v. IWCC No. 2012 IL App. (1st 113129 WC) The Appellate Court has finally weighed in on the thorny question which presents in many workers’ compensationcases: Can an employer obtain a functional capacity evaluation based on the recommendation of its Section 12 examiner?  Section 12 of the Act provides for an

Appellate Court Further Expands Traveling Employee Doctrine

The Venture-Newberg Prini Stone & Webster v. Illinois Workers’ Compensation Commission et al (Ronald Daughtery) No. 2012IL App 4th 110847WC (Dec. 2012) The employer (Venture-Newberg) sought pipefitters to work at its Cordova, Illinois plant. Daughtery accepted a position at the plant through his union, Local 137, based in his hometown, Springfield, Illinois. Daughtery had worked

Employer Cannot Appeal Commission Order Sending Case Base to Arbitrator

Supreme Catering vs. The Illinois Workers’ Compensation Commission No. 2012 IL App. (1st 111220 WC) Renee Diaz filed an Application claiming work-related injuries while operating a catering truck.  Supreme did not dispute the injury, but claimed that Diaz was an independent contractor.  The arbitrator found that he failed to prove an employer/employee relationship and denied

Employee Injured at ‘Sister’ Corporation is Borrowed Servant

Moevanu Prodanic vs. Grossinger City Autocorp, Inc., et al. No. No. 1-11-0993 Prodanic filed suit against Grossinger City Autocorp, Inc. (City Autocorp) for the death of Milovan Prodanic who suffered fatal injuries while repairing a garage door on the premises of City Autocorp.  City Autocorp was one of several corporations and car dealerships within the

Estate Can’t Sue Employer Over Beef Joint Killing

Alma Rodriguez v. Frankie’s Beef/Pasta and Catering No. 2012 Ill. App. (1st 113155) Eden Maya shot and killed Jose Rodriguez, a coworker at Frankie’s Beef.  Their employer, Vincent Santoro, observed an altercation between the two and a third employee, Flores.  Santoro learned later that the altercation arose from the fact that he gave Flores the