Signing Contract
Court Decisions

Settlement Contracts Should Be Enforced in the Circuit Court, Appellate Court Holds

September 5, 2017

The Illinois Workers’ Compensation Commission lacks jurisdiction to enforce a final award or settlement contract and the proper venue is the Circuit Court pursuant to section 19(g) of the Illinois Workers’ Compensation Act, according to the Appellate Court in Millennium Knickerbocker Hotel v. Illinois Workers’ Compensation […]

School bus
Court Decisions

Suitable Employment Must Be Identified for Wage Differential Award

July 13, 2017

Wage differential awards must be based on an identifiable occupation that the claimant is able and qualified to perform, according to a recent decision by the Illinois Appellate Court in Crittenden v. Illinois Workers’ Compensation Commission, 2017 IL App (1st) 160002WC Illinois Courts PDF. Wage differential […]

Overhead Crane
Court Decisions

Crane Operator with PTSD Denied TTD Benefits After Termination

July 5, 2017

The Illinois Appellate Court affirmed a decision of the Illinois Workers’ Compensation Commission denying temporary total disability (TTD) benefits to a crane operator with PTSD who had been terminated before he reaching maximum medical improvement (MMI) in Holocker v. Illinois Workers’ Compensation Comm’n, 2017 IL App (3d) […]

Firefighters fighting fire and smoke
Court Decisions

Firefighter’s Heart Attack Claim Denied

May 10, 2017

The Illinois Appellate Court affirmed a decision of the Illinois Workers’ Compensation Commission denying an assistant fire chief’s workers’ compensation claim for a heart attack presumed by statute to have arisen out of and in the course of his employment in Simpson v. Illinois Workers’ Compensation Comm’n, 2017 […]

Image of clock in hand
Court Decisions

IWCC Award of Section 19(l) Late Fee Penalties Reversed

March 30, 2017

The Illinois Workers’ Compensation Commission’s award of section 19(l) “late fee” penalties for a delay in payment of a final award of medical and permanent partial disability benefits was reversed by the Appellate Court in Theis v. Illinois Workers’ Compensation Commission, 2017 IL App (1st) 161237WC […]

Flight attendant on airplane
Court Decisions

Flight Attendant Injured on Commuting Flight Denied Benefits

March 4, 2017

A flight attendant who was injured on a flight commuting to her base airport was found not to be a “traveling employee” and her Illinois workers’ compensation claim was denied in United Airlines, Inc. v. Illinois Workers’ Compensation Commission, 2016 IL App (1st) 151693WC Google […]

Office Chairs
Court Decisions

Fall From Chair Claim Denied

March 3, 2017

In a decision that “defies common sense” according to the dissenting justice, an office worker who fell from his chair while reaching for his dropped pen was denied workers’ compensation benefits in Noonan v. Illinois Workers’ Compensation Commission, 2016 IL App (1st) 152300WC Google Scholar | Illinois Courts PDF. […]

Crop Duster in field
Court Decisions

Widow’s Petition for Lump Sum Payment Denied

February 28, 2017

A widow’s challenge to a credit against future death benefits and the denial of her petition for lump sum payment were rejected by the Appellate Court in Salisbury v. Illinois Workers’ Compensation Commission, 2017 IL App (3d) 160138WC  Google Scholar | Illinois Courts PDF The Illinois […]

Court Decisions

Court Affirms IWCC Award of 25% Loss of Use of Arm with 6% AMA Impairment Rating

December 15, 2016

In Flexible Staffing Services v. Illinois Workers’ Compensation Commission, 2016 IL App (1st) 151300WC Google Scholar | Illinois Courts PDF, the Appellate Court considered whether the Illinois Workers’ Compensation Commission properly applied section 8.1b of the Illinois Workers’ Compensation Act. This section of the Act provides, […]