Court Decisions

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

By |2017-10-15T16:23:36-06:00September 5th, 2017|Court Decisions|

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 Comm'n, 2017 IL App (1st) 161027WC Google Scholar | Illinois

Appellate Court Maintains Chain of Events Causation Principle in Aggravation of Pre-Existing Condition Case

By |2017-08-16T18:24:23-06:00August 16th, 2017|Court Decisions|

The Illinois Appellate Court maintained the long-standing chain of events causation principle in the case of a significant pre-existing condition in Schroeder v. Illinois Workers’ Compensation Comm’n, 2017 IL App (4th) 160192WC Google Scholar | Illinois Courts PDF. "A chain of events which demonstrates a previous condition of good health, an accident, and a subsequent injury

Suitable Employment Must Be Identified for Wage Differential Award

By |2017-10-15T16:25:16-06:00July 13th, 2017|Court Decisions|

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 benefits are a type of permanent partial disability available to

Crane Operator with PTSD Denied TTD Benefits After Termination

By |2017-10-15T16:26:19-06:00July 5th, 2017|Court Decisions|

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) 160363WC Google Scholar | Illinois Courts PDF. The claimant was

Firefighter’s Heart Attack Claim Denied

By |2017-10-15T16:26:44-06:00May 10th, 2017|Court Decisions|

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 IL App (3d) 160024WC Google Scholar | Illinois Courts PDF. Rebuttable

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

By |2017-10-15T16:27:38-06:00March 30th, 2017|Court Decisions|

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 Google Scholar | Illinois Courts PDF. Section 19(l) "Late Fee"

Flight Attendant Injured on Commuting Flight Denied Benefits

By |2017-10-15T16:29:11-06:00March 4th, 2017|Court Decisions|

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 Scholar | Illinois Courts PDF. To succeed in a workers'

Fall From Chair Claim Denied

By |2017-10-15T16:29:40-06:00March 3rd, 2017|Court Decisions|

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. The claimant was originally a truck driver for the City

Widow’s Petition for Lump Sum Payment Denied

By |2017-10-15T16:31:48-06:00February 28th, 2017|Court Decisions|

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 Workers' Compensation Act provides for weekly benefits to a surviving

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

By |2017-01-21T12:52:22-06:00December 15th, 2016|Court Decisions|

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, for injuries occurring on or after September 1, 2011, that