AVERAGE WEEKLY WAGE - Back to Table of Contents - Back to WC Index

Bohannon v. Industrial Comm'n, 237 Ill. App. 3d 989, 606 N.E.2d 527, 179 Ill. Dec. 695 (1st Dist. 1992), held maximum permanent partial disability rate limitations apply to wage differential awards under section 8(d)(1) not the TTD maximums.

REPETITIVE TRAUMA/ARISING OUT OF CASES - Back to Table of Contents - Back to WC Index

Chicago Housing Authority v. Industrial Comm'n, No. 1-91-3917WC, 1993 WL 8001 (1st Dist., January 15, 1993), held a carpenter's injuries suffered while working at a Chicago housing project arose out of his employment since that employment substantially increased the risk of beating or robbery.

Chicago Transit Authority v. Industrial Comm'n, 238 Ill. App. 3d 224, 606 N.E.2d 240, 179 Ill. Dec. 408 (1st Dist. 1992), held where the employee was recruited and hired by the employer to play on the company sponsored basketball team, his injury while playing arose out of his employment.

Komatsu Dresser Co. v. Industrial Comm'n, 235 Ill. App. 3d 779, 601 N.E.2d 1339, 176 Ill. Dec. 641 (2d Dist. 1992), held petitioner's job which required repeated bending at the waist and lifting parts without bending his knees increased claimant's risk of injury over that of the general public and, therefore, arose out of his employment.

Zion-Benton Township High School Dist. 126 v. Industrial Comm'n, No. 2-92-0369WC, 1993 WL 54782 (2d Dist., March 2, 1993), held petitioner had sustained an accidental injury of a repetitive nature where petitioner returned to work unloading truckloads of boxes on a regular basis after an original injury and strain to his back while shoveling snow. The court found that the repeated stress of unloading trucks eventually caused a breakdown of his physical structure and his injury and permanent and total disability arose out of his employment.

EMPLOYER/EMPLOYEE RELATIONSHIP CASES - Back to Table of Contents - Back to WC Index

Tooley v. Industrial Comm'n, 236 Ill. App. 3d 1054, 603 N.E.2d 145, 177 Ill. Dec. 364 (5th Dist. 1992), held gratuitous assistance by a truck driver's wife did not make her an employee of the respondent. A true employer/employee relationship does not exist in the absence of payment or expected payment of consideration in some form by employer to employee.

Yellow Cab Co. v. Industrial Comm'n, 606 N.E.2d 523, 179 Ill. Dec. 691 (1st Dist. 1992), held while a lease agreement expressly disclaimed an employer/employee relationship, the disclaimer was not dispositive of petitioner's status as an employee. The employer retained the right to discharge and controlled the method and manner of the driver's work. The widow of the fatally shot cab driver was entitled to benefits under the Act.

Goodrick v. Industrial Comm'n, 237 Ill. App. 3d 885, 605 N.E.2d 120, 178 Ill. Dec. 681 (3d Dist. 1992), held no employer/employee relationship existed where food and drink was supplied to a friend who helped drive a vehicle purchased at an auto auction. There was no testimony regarding payment or promise of payment nor was one expected.

Chicago Housing Authority v. Industrial Comm'n, No. 1-92-1105WC, 1992 WL 386434 (1st Dist., December 30, 1992), held claimant police officer was under the control of the Chicago Police Department at all times while patrolling for the Housing Authority when away from his regular duties as a police officer. The claimant police officer established no employer/employee relationship with the Housing Authority and remained an employee of the Chicago Police Department.

EXCLUSIVE REMEDY CASES - Back to Table of Contents - Back to WC Index

Kontos v. Boudros, No. 2-92-0101, 1993 WL 20517 (2d Dist., February 1, 1993), held the dual persona doctrine failed where there was no showing by the plaintiff that the defendant was acting in a dual capacity at the time of the injury. Provision of a ladder to an employee is consistent with the employer's duty to provide a safe work place. Petitioner's exclusive remedy was the Illinois Workers' Compensation Act.

Solich v. Portes Cancer Prevention Center of Chicago, Inc., 606 N.E.2d 572, 179 Ill. Dec. 740 (1st Dist. 1992), held plaintiff's common-law action for damages resulting from negligence occurring during a company physical exam arose out of and in the course of employment barring his common-law action.

LIEN CASES - Back to Table of Contents - Back to WC Index

Bart v. Union Oil Co., 236 Ill. App. 3d 964, 603 N.E.2d 77, 177 Ill. Dec. 296 (3d Dist. 1992), held remand was appropriate to determine what portion of a settlement between the deceased worker's widow and a third party employer was attributable to the non-consortium claims. The workers' compensation lien could only attach to the non-consortium claims.

CAUSAL CONNECTION AND BURDEN OF PROOF CASES - Back to Table of Contents - Back to WC Index

Organic Waste Systems v. Industrial Comm'n, No 4-92-0113WC, 1993 WL 43327 (4th Dist., February 18, 1993), held a causal connection existed where each physician testified the accident of September 6, 1986, could have or might have aggravated the arthritic joint or the lipoma which pre-dated the accident.

Ingalls Memorial Hosp. v. Industrial Comm'n, No. 1-92-1239WC, 1993 WL 2598 (1st Dist., January 8, 1993), held award for TTD properly set aside where evidence insufficient to establish claimant's medical condition changed at the time of termination or establish the claimant was unable to work and did not work because of the injury.

OCCUPATIONAL DISEASE CASES - Back to Table of Contents - Back to WC Index

Zeigler Coal Co. v. Industrial Comm'n, 237 Ill. App. 3d 213, 604 N.E.2d 481, 178 Ill. Dec. 225 (5th Dist. 1992), held evidence of breathing problems during the last 20 years constituted disability and disablement within two years of the date of last exposure.

Monterey Coal Co. v. Industrial Comm'n, No. 4-91-0902WC, 1992 WL 356865 (4th Dist., December 3, 1992), held the petitioner's pneumoconiosis was the cause of claimant's permanent and total disability. Petitioner had breathing difficulties for eight years prior to retirement and was constantly exposed to and inhaled coal and rock dust. This was evidence of disablement within two years of his last exposure.

HEARING LOSS CASES - Back to Table of Contents - Back to WC Index

Dresser Industries v. Industrial Comm'n, 237 Ill. App. 3d 150, 604 N.E.2d 365, 178 Ill. Dec. 109 (2d Dist. 1992), held evidence of noise levels above the statutory limits supported a decision finding claimant suffered hearing loss despite the lack of direct evidence that claimant was exposed to specific levels.

Wagner Castings Co. v. Industrial Comm'n, No. 4-92-0065WC, 1993 WL 51425 (4th Dist., February 25, 1993), upheld the Industrial Commission's determination the claimant was exposed to noise levels in excess of the statutory levels. Medical opinions documented other causes for claimant's hearing loss, but could not rule out the occupational noise as a factor. Claimant's hearing loss was a combination of presbycusis and occupational-related noise induced hearing loss.

HEART ATTACK CASES - Back to Table of Contents - Back to WC Index

Cognato v. Industrial Comm'n, No. 1-91-0263WC, 1993 WL 2599 (1st Dist., opinion upon rehearing, January 8, 1993), involves an interesting reversal by the appellate court of its previous decision handed down on June 26, 1992, and cited in our Fall, 1992 Case Law Update.

The court held that it is not the prerogative of the reviewing court to reweigh the evidence and substitute its judgment for that of the Commission. The Commission adopted the findings and opinions of Dr. Lesch. He found decedent's collapse from a fatal heart rupture was unrelated to exertion or temperature. Decedent's physical exertion was minimal and not beyond his regular duties. The court deferred to the Commission regarding its decision of which of the two conflicting medical opinions should be accepted.

Hartsfield v. Industrial Comm'n, No.4-92-0142WC, 1993 WL 57250 (4th Dist., March 4, 1993), held that the rule requiring an extra degree of scrutiny where the Commission rejects an arbitrator's factual finding without hearing new evidence did not apply where the Commission chose between conflicting medical opinions.

PERMANENT PARTIAL DISABILITY CASES - Back to Table of Contents - Back to WC Index

Consolidated Freightways v. Industrial Comm'n, 237 Ill. App. 3d 549, 604 N.E.2d 962, 178 Ill. Dec. 439 (3d Dist. 1992), held respondent was not entitled to a credit for a prior award petitioner received on a back injury suffered at the same disc location.

PERMANENT TOTAL DISABILITY CASES - Back to Table of Contents - Back to WC Index

Electro-Motive Division, General Motors Corp. v. Industrial Comm'n, No. 1-91-3639WC, 1992 WL 363507 (1st Dist., December 11, 1992), held where medical experts agree petitioner's physical condition renders him totally and permanently disabled, the claimant has presented sufficient evidence to support permanent total disability without producing evidence with reference to age, training, education, and work experience. Upon presentation of such medical testimony, the burden shifts to the employer to show employability. The court held this case was not an "odd lot" situation since petitioner was medically permanently and totally disabled.

CAUSAL CONNECTION CASES - Back to Table of Contents - Back to WC Index

Mendota Township High School v. Industrial Comm'n, No. 4-92-0043WC, 1993 WL 68632 (4th Dist., March 11, 1993), held that claimant's sneezing episode and racketball injury subsequent to the original injury were only contributing causes not intervening ones and were not sufficient to break the causal connection between the employment and petitioner's condition of ill-being at arbitration. The fact that the immediate cause of the ruptured disc was a sneezing episode six months after the accident did not require reversal of the award.

MISCELLANEOUS CASES

Dismissal for Want of Prosecution - Back to Table of Contents - Back to WC Index
Nussbaum Trucking Co. v. Conley, 236 Ill. App. 3d 809, 602 N.E.2d 982, 177 Ill. Dec. 87 (4th Dist. 1992), appeal denied, 148 Ill. 2d 644 (1993), held the trial court's grant of declaratory relief dismissing a pending application for adjustment of claim was improper since the petitioner had not exhausted its administrative remedy with the Industrial Commission.

Application for Judgment (Section 19(g)) - Back to Table of Contents - Back to WC Index
Kleiboeker v. Industrial Comm'n, 236 Ill. App. 3d 1020, 602 N.E.2d 912, 177 Ill. Dec. 17 (5th Dist. 1992), held claimant's section 19(g) request for fees and costs was appropriate where the employer failed to timely tender payment of judgment for petitioner.

Illinois Graphics Co. v. Nickum, No. 4-92-0511, 1993 WL 51352 (4th Dist., February 25, 1993), held section 19(g) did not provide statutory authority for an employer and its insurance carrier to seek reimbursement of funds paid to an employee who was not entitled to them.

Circuit Court Review - Back to Table of Contents - Back to WC Index
Chicago Transit Authority v. Industrial Comm'n, 238 Ill. App. 3d 202, 606 N.E.2d 236, 179 Ill. Dec. 404 (1st Dist. 1992), held a single request for summons on consolidation of two separate Commission cases substantially complied with section 19(f). The court found this single request of summons to be substantial compliance, but did not recommend it as a practice for future cases.

Appeal - Back to Table of Contents - Back to WC Index
West v. Industrial Comm'n, 238 Ill. App. 3d 445, 606 N.E.2d 598, 179 Ill. Dec. 766 (1st Dist. 1992), held remand on the issue of rehabilitation precluded an appeal of the trial court's judgment setting aside the award.

Pension Code - Back to Table of Contents - Back to WC Index
Di Foggio v. The Retirement Board of the County Employees' Annuity and Benefit Fund of Cook County, 236 Ill. App. 3d 361, 603 N.E.2d 712, 177 Ill. Dec. 642 (1st Dist. 1992), appeal allowed, 148 Ill. 2d 640 (1993), held duty disability under Paragraph 9-159 is related to temporary total disability and should not be an offset against permanent partial disability benefits.

Attorney Fees - Back to Table of Contents - Back to WC Index
Augustine v. Industrial Comm'n, 607 N.E.2d 229, 180 Ill. Dec. 335 (3d Dist. 1992), held trial court's order increasing petitioner's fees from $47,572.34 to $700,000 was erroneous. The Commission's decision was not against the manifest weight of the evidence.

Penalties - Back to Table of Contents - Back to WC Index
Michael v. Fansteel, Inc., 235 Ill. App. 3d 961, 602 N.E.2d 494, 176 Ill. Dec. 840 (2d Dist. 1992), held respondent's lack of diligence in presenting the correct amount of setoffs before the award became final precluded respondent from raising the issue of setoffs later.

Retaliatory Discharge - Back to Table of Contents - Back to WC Index
Hess v. Clarcor, Incorporated, 237 Ill. App. 3d 434, 603 N.E.2d 1262, 177 Ill. Dec. 888 (2d Dist. 1992), held determinations resulting from a factually neutral and even handedly applied absenteeism policy did not violate public policy against retaliatory discharge. Discharge of employees who file workers' compensation claims is allowed if termination is the result of such an absenteeism policy.

We recommend the entire opinion be read and counsel consulted concerning the effect these decisions may have upon your claims.