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Recent Appellate Court Decisions
In Dunteman v. IWCC, 4-15-0543 WC (4th Dist. 2016), the petitioner operated a truck which required him to operate a manual clutch with his left foot about 200 times per shift. The clutch did not engage properly so the petitioner had to strike the clutch forcefully with the bottom of his left foot. A few days after the alleged accident date the petitioner noticed a blister on the bottom of his left foot. The petitioner sterilized a needle and used the needle to drain fluid from the blister. The petitioner had pre-existing diabetes which required him to control his diet and occasionally take medication.
In Burhmester v. Steve Spiess Construction, Inc., 140794 (3rd Dist. 2016), the plaintiff was injured while working for third-party defendant Keefe. Defendant Spiess was the general contractor. Plaintiff filed a workers’ compensation claim against Keefe and a negligence action against Spiess. Spiess filed a third-party claim for contribution against Keefe.
In Weaver v. IWCC, 4-15-0152 WC (4th Dist. 2016), the petitioner suffered an accident and received a decision from the IWCC for 50% man as a whole. The IWCC’s decision was entered on February 23, 2010. The circuit court determined the Commission’s decision was against the manifest weight of the evidence.