News

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

Appellate Court Denies Rehearings in Will County Forest Preserve Case

As our readers will recall, in February the Appellate Court made an astonishing decision wherein a shoulder injury was determined not to be a specific loss compensable under Section 8(e) of the Act but rather one to consider under Section 8(d)2, the person as a whole provision.  The court focused on the dictionary meaning of

PENALTIES NOT PERMITTED FOR DELAY IN AUTHORIZING TREATMENT

Hollywood Casino–Aurora, Inc. v. Illinois Workers’ Compensation Commission No. 2012 IL App 2d 110426WC Gill Vierickl-Iverson was injured while working for Hollywood Casino and received an award which Hollywood did not appeal.  The decision became final on November 19, 2004.  Gill remained under the care of Dr. Lubenow who wrote the claims office on December

Errata: Patel v. Home Depot Redux

Our readers will recall our recent report on the case where the employer, although granted credit for an apparent overpayment of benefits by the Commission, was denied this credit when the claimant pursued a judgment from the circuit court for the sums awarded for TTD, penalties and fees by the Commission.  We were taken aback

The Shoulder Bone Aint Connected to the Arm Bone

Will County Forest Preserve District a/k/a Forest Preserve District of Will County v. IWCC No. M-MR-673 In a shocking reversal of 100 years of practice and precedent, the Appellate Court has determined that a shoulder injury is not covered under the specific loss schedule set forth in Section 8(e)10 of the Act.  Denzil Smothers was

No Credit for Benefits Paid?

Naresh Patel v. Home Depot USA, Inc. No. 2012ILApp(1st) 103217 Naresh Patel filed two claims which were heard together by an Arbitrator who awarded him a total of $22,798.54 in TTD, penalties, and attorneys’ fees.  The Arbitrator also granted Home Depot certain credits pursuant to Section 8(j) of the Act.  The Commission raised the credit

Despite Claimant’s Appeal Penalties Due on Undisputed Benefits

Melinda Jacobo vs. Illinois Workers’ Compensation Commission No. No. 3-10-0807 WC Melinda Jacobo appealed a Commission decision awarding her compensation and benefits but denying penalties.  Her employer did not.  The claim for penalties was based on her employer having stopped paying benefits after an IME.  The employer ultimately prevailed on that issue, the appellate court

Appellate Court Reverses Total Permanent Award

Professional Transportation, Inc. v. Illinois Workers’ Compensation Commission No. No. 3-10-0783WC In a rare reversal, the Appellate Court struck down an ‘odd-lot’ permanent total disability award.  The petitioner, Barry Clarke, suffered a career-ending right knee injury which required several surgeries, including a total knee replacement.  He also developed a deep vein thrombosis after the total