The case, Pryor v. Illinois Workers’ Compensation Commission, concerned a worker who was injured while moving a suitcase into his personal car while still at his home in preparation for a work trip. The appellate court found that while there is a lower threshold of reasonableness concerning the actions of a traveling employee, in this case, the worker was not a traveling employee until he reached the premises of his employer.

The claimant in the case was employed by a transport company as a truck driver, delivering new automobiles to car dealerships. His work responsibilities included loading cars onto a semitrailer at a terminal in Belvidere, Illinois, driving the truck to various dealerships and unloading the vehicles. The worker would usually drive his personal car to the terminal, and would bring a suitcase when he anticipated an overnight stay while on the road to the dealerships.

The claimant injured his back while loading the suitcase into his personal vehicle. The appellate court found that the truck driver’s injury did not “arise out of” or occur “in the course of” his employment, and he was therefore not eligible for workers’ compensation benefits.

Each case is different, and injured workers should never assume that they do not have a case. Instead, contact an experienced workers’ compensation attorney for a free consultation.

Paul Greenberg is a Chicago workers’ compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The Appellate Court of Illinois, Second District, Workers’ Compensation Commission Division, issued the opinion on September 30, 2014.

Walter Matuszczak, a Wal-Mart employee, originally filed an application for adjustment of claim on March 26, 2010. Matuszczak, who worked as a full-time night stocker, injured his right arm, neck and back at work when several shelves stocked with glass cleaner fell on him.

After a hearing, the arbitrator awarded Matuszczak temporary total disability (TTD) benefits for a period of 23 weeks and two days, in addition to $14,227.41 in medical expenses, and prospective medical expenses for a recommended surgery.

Upon review, the Illinois Workers’ Compensation Commission (IWCC) vacated the TTD award. The Du Page County Circuit Court reinstated the TTD award, and the appeals court affirmed it, holding that the claimant was entitled to TTD benefits.

The employer argued that the claimant’s termination for allegedly stealing cigarettes from his employer constituted a refusal to work within his prescribed physical restrictions. The appeals court found that the facts of the case were similar to those in Interstate Scaffolding Inc. v. Illinois Workers’ Compensation Commission, a 2010 Illinois Supreme Court case that found that an injured employee discharged for cause was still entitled to TTD benefits.

Paul Greenberg is a Chicago workers compensation attorney and work injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.