News

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

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