In the case, Lenhart v. Illinois Workers’ Compensation Commission, the claimant worked for USF Holland as a truck driver and dockworker. He injured his back in a workplace accident, and filed for workers’ compensation benefits.

At an arbitration hearing, the claimant argued that he was permanently and totally disabled. The employer stipulated that the claimant was not able to perform his previous duties, but argued that he was not totally and permanently disabled. The claimant engaged in vocational rehabilitation, and there was evidence that he was still employable, but at a diminished earning capacity.

The arbitrator found the claimant permanently and totally disabled, but after the employer appealed, the Commission found that he was not totally disabled, but entitled to permanent partial disability benefits representing a 75 percent loss of abilities.

The Appellate Court overturned the Commission’s decision and ruled that the Commission should have decided whether the claimant’s benefits should be calculated based on a wage differential rather than a percentage of the person as a whole.

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 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/.

In 2011, a series of changes were made to Illinois’ workers’ compensation program. In mid-June, the Illinois Workers’ Compensation Commission released a report that showed that since the changes were made, there has been a 19 percent decrease in benefit payments to injured workers, the largest such decrease in the country. The report also revealed that from 2010 to 2012, the average medical payment per workers’ compensation case decreased 16 percent, moving Illinois from the state with the highest such cost to near the median.

Illinois state Rep. Jay Hoffman said that the report shows that the 2011 changes had the desired effect, and further changes are unnecessary. Gov. Rauner is seeking stricter standards that injured workers must follow to prove their injury happened in the workplace. He also seeks changes to the rules for workers traveling to their place of employment, and lower reimbursement rates for medical providers. Democrats, who control both houses of the state legislature, have resisted the changes, saying that they would hurt middle-class workers.

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/.

Penny Lucas claims that she suffered an injury when she fell at work on December 27, 2012. She went to the hospital and was given a post-accident drug test, which came back negative, according to her lawsuit. However, the suit states that Atrium required Lucas to submit to another drug test on January 15. When the results of that drug test were allegedly found to be positive, Lucas demanded a retest, but was refused. She then paid for another drug test at a different hospital, for which the results were negative, the suit states.

The lawsuit further states that Atrium fired Lucas despite being notified of the discrepancy, and in violation of her rights under the Illinois Workers’ Compensation Act.

On January 14, 2015, Penny Lucas filed her lawsuit in St. Clair County Circuit Court against Cahokia’s Atrium Healthcare and Rehabilitation Center.

Lucas alleges that the job loss resulted in loss income and benefits, mental distress and emotional anguish. She is seeking compensatory and punitive damages, plus interest, attorney’s fees, costs and other relief in excess of $75,000.

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/.

In fact, even as Governor Pat Quinn says that such costs have dropped by 19.3 percent, some construction firms have actually seen their premiums go up.

Michael Latz, the chairman of the Illinois Workers’ Compensation Commission, said that the result is that insurance companies are seeing increased profits.

In July, the governor’s office claimed that employers in Illinois could see an overall drop of up to $143 million in the cost of premiums in 2015, resulting in a total reduction of more than $450 million since the reforms took effect in 2011.

The 2011 reforms implemented a 30 percent reduction in the medical fee schedule for workers’ compensation claims in an attempt to reduce costs.

However, many firms in the construction industry, where worker injury is a constant danger, say their rates have stayed the same.

According to the Oregon Department of Consumer and Business Services, which tracks data on workers’ compensation insurance premiums nationwide, Illinois is still the fourth most expensive state for premiums, even after reforms.

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

In the case of Folta v. Ferro Engineering, James Folta allegedly sustained exposure to asbestos while working for the defendant, his employer, in the time period between 1966 and 1970. Forty-one years later, on May 17, 2011, he was diagnosed with peritoneal mesothelioma. 

Generally, the no-fault compensation provided under the Workers’ Compensation Act is the exclusive remedy for workers whose injuries arise out of and in the course of their employment. However, a statute of repose limits asbestos claims under the Act to a 25-year period from the time the employee was exposed. Another statute of repose limits claims under the Illinois Workers’ Occupational Diseases Act to a three-year period.

The First District Appellate Court ruled that because the plaintiff’s workers’ compensation claim was time-barred, his injury was “not compensable under the Act,” and he could therefore pursue a civil lawsuit against his employer.

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

The case involved an altercation with a coworker, and it hinged on whether or not the worker was the aggressor in that struggle. The plaintiff sought benefits after she was injured in a workplace scuffle. Allegedly, the woman placed a dish in the wrong sink, and a coworker responded by spraying her with a hose. She also claimed that on another occasion, the coworker tried to put her into the sink.

In the altercation that followed, the woman struck her coworker in the groin area, and she claimed that her coworker forcefully pulled on her arm, causing the injury. A witness corroborated that the woman hit her coworker in the groin, but there was uncertainty as to whether the action was purposeful or accidental. The employer sought to have the claim denied based on rules that preclude a worker from being awarded workers’ compensation benefits if he or she is the aggressor in a fight that causes injuries to the worker.

The commission determined that the woman’s conduct in striking her coworker did not trigger the aggressor defense for the employer, regardless of whether or not the action was accidental. The commission therefore granted the woman’s request for benefits.

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

Nancy Mechochko filed the lawsuit, claiming that her husband, Gregory Mechochko, was in contact with a concrete mixer as he was working on January 23, 2013, when an uninsulated power line collapsed and touched the concrete mixer. The man died on February 12.

The power line, which was the property of Southwestern Electric Cooperative, allegedly collapsed when it was struck by a track hoe.

The lawsuit claims that Mechochko was working on a construction site in Maryville, Illinois — near the intersection of Lakeview Acres Road and State Route 162 — when the incident occurred.

On September 12, 2013, Southwestern Electric Cooperative brought allegations against Thiems Construction Company as a third party defendant. The construction company responded by arguing that contribution is barred by the Illinois Workers’ Compensation Act’s exclusive remedy provision.

Nancy Mechochko claims that the electric cooperative did not properly maintain the power line or the reclosers protecting it. Furthermore, she stated that Southwestern also failed to suspend the line at the proper height. The plaintiff is seeking damages in excess of $50,000.

The electric cooperative has denied that a cause of action has been properly stated or that the plaintiff has suffered damages to the extent claimed.

Bob Briskman is a wrongful death attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Ahmed Ghosien, doing business as Ghosien European Auto Werks, entered a guilty plea to a Class 4 felony. According to the state, Ghosien refused to comply with the legal requirement to obtain workers’ compensation insurance after many opportunities and aggressive enforcement action against him.

The penalty for failure to obtain insurance was increased from a misdemeanor to a Class 4 felony in 2005, and the current case is the first felony conviction secured for the offense in Illinois.

Michael P. Latz, chairman of the Illinois Workers’ Compensation Commission, said that employers who fail to obtain the insurance put workers at risk and compete unfairly against companies that follow the law. He said that such employers ultimately shift their business costs to Illinois taxpayers.

According to the IWCC, Ghosien operates an auto repair shop in Hometown, Illinois, and failed to obtain workers’ compensation insurance for the mechanics who work there. In 2010, he was fined and briefly obtained insurance. However, Ghosien did not pay all of the fine or the insurance premium, and a criminal indictment was issued.

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

Cynthia Hewitt filed a lawsuit against Casey’s General Store in Maryville. According to the lawsuit, Hewitt began working at the store in September 2011. She claims that she fell and injured her back while moving a tall stepladder inside the store on February 28, 2012. After the injury, Hewitt filed a successful workers’ compensation claim, receiving $220 per week in benefits for total temporary disability beginning March 3, 2012.

Hewitt says in the complaint that she underwent surgery on her back in July 2012 and was approved by her doctor six months later to return to light duty work, meaning she could lift a maximum of 15 pounds. She claims the store refused to assign her to light duty work.

In March 2012, Hewitt says her doctor approved her return to work with no restrictions, and her disability payments ceased. However, according to the lawsuit, the store refused to allow her to return to work. Hewitt claims she applied for unemployment benefits but was denied because her employer had reported that she was “discharged.”

The complaint alleges that the employer’s actions are a violation of the Illinois Workers’ Compensation Act. The lawsuit seeks damages in excess of $50,000.

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/.

Roger Johnson filed suit June 11 in St. Clair County Circuit Court, claiming that he was wrongly discharged. The plaintiff alleges that he was employed by defendant Commercial Transport when he sustained injuries on April 30, 2012. According to the complaint, Johnson filed for workers’ compensation benefits shortly after his injury.

The complaint alleges that Johnson’s employment was terminated after he applied for benefits, a violation of the Illinois Workers’ Compensation Act. The lawsuit states that Johnson lost wages and health and pension benefits and suffered mental anguish and damage to his reputation.

Johnson is seeking damages in excess of $50,000 as well as punitive damages in excess of $50,000, plus costs.

Under the Illinois Workers’ Compensation Act, an employer may not retaliate against a worker for exercising his or her rights in regards to workers’ compensation by discharging, harassing, refusing to rehire, or discriminating against the employee in any way, and violation of this provision may give rise to a cause of action in court.

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