Noteworthy cases for WC veterans–Illinois workers’ compensation law is formed as much by the reviewing courts as it is by our legislature. To know the law, you have to remember the major rulings.
Editor’s comment: KC&A would like to take this opportunity to highlight some of the most important cases in Illinois workers’ compensation history. This is the final installment in a three-part series.
For those industry insiders who know Illinois workers’ compensation law like the back of their hands, this may be a bit of a review, but we recently updated our “Noteworthy Cases” spreadsheet and thought we would take this opportunity to point out some of the cases that have impacted Illinois over the years.
National Manufacturing v. Industrial Commission – No penalties/fees can be awarded on undetermined amounts of permanency. Many defense observers also feel this ruling mandates presentation of unpaid medical bills and supporting documentation in advance of the hearing to allow a claim for penalties and fees. *** Please note *** as outlined in the article above, in claims involving amputations, Nobile v. Midwest Wrecking Co. and Kinnaird v. Greene Welding & Hardware hold the employer/insurance carrier responsible for immediate payment on statutory loss when it is uncontested.
Navistar International v. Industrial Commission – Employer was only entitled to a credit for net amount of compensation “after taxes” claimant received under employer’s group health or STD/LTD plan rather than for the gross amount of benefits paid to claimant—note IRS regulations and forms allow such payments to be nontaxable and we argue full credit should be provided in such an instance.
Pathfinder Co. v. Industrial Commission – A sudden, unforeseen and shocking psychological injury, even without physical injury, is compensable under the Illinois WC Act. Illinois remains reluctant to adopt what is sometimes called “California” or “mental-mental” stress claims. It isn’t considered an “accidental injury” in Illinois if your boss is mean to you or you have to work hard to make a living.
R.D. Masonry, Inc. v. Industrial Commission – An injured worker must submit to a section 12 IME even if all benefits are fully disputed and aren’t being paid. Mileage expense has to be send with the notice of the IME. Refusal will be sufficient reason for non-payment.
Saunders v. Industrial Commission – Claimant denied benefits as injury did not arise out of employment, since claimant was getting off a forklift he was riding as a passenger in violation of enforced safety rule and was going to lunch and not working when injured.
Sisbro v. Industrial Commission, Boyd Electric v. Dee, Twice Over Clean v. Industrial Commission – Factual findings on causal connection issues are “within manifest weight of the evidence” in derogation of prior legal rulings or defenses relating to accident disputes for various medical conditions personal to claimant. Note: decisions on facts are supposedly limited to facts of that case but continued legal trend clearly indicates current reviewing courts may not follow traditional legal principles to overrule IWCC.
Sylvester, Ronald v. Industrial Commission – Determined the “average weekly wage” in Section 10 may be the “average hourly wage” by calculating the hourly rate x 40 x 52. Of the three possible methods to determine the wage, this is clearly the most radically pro-employee with the Appellate Court agreeing the interpretation may result in a “windfall” where the injured worker may get much more money disabled than they actually earned while working.
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