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Recent Appellate Court Decisions
Claimant with Two Accidents May Be Entitled to Wage Differential and Permanent Total Disability Awards Simultaneously
In John Chlada v. Illinois Workers' Compensation Commission 1-15-0122WC, (1st Dist. 2016) the claimant, John Chlada, filed an application for adjustment of claim under the Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 1998)), seeking benefits for an injury to his lower back that he allegedly sustained in a work-related accident on July 15, 1999, while he was employed by respondent Burke Beverage, Inc. (employer). After conducting a hearing, an arbitrator found that the claimant had proven a work injury arising out of and in the course of his employment and that his current lower back condition was causally related to the work accident. The arbitrator ordered the employer to pay the claimant temporary total disability (TTD) benefits, temporary partial disability (TPD) and maintenance benefits.
To read this decision in its entirety, click on the above url link.
In Corn Belt Energy Corp. v IWCC, 3-15-0311WC, (3rd Dist. 2016) the Worker's Compensation Commission Division of the Third District Appellate Court ruled the IWCC failed to explain the weight it attributed to each permanency factor when determining the petitioner's level of disability. The IWCC and circuit court were reversed in part and the case remanded back to the IWCC.
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.