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Recent Decisions at Illinois Workers' Compensation Commission

Delivery driver was an independent contractor and not entitled to benefits.

Driver was paid a flat fee per day for his work, used his own vehicle, and was able to control when and how he made his deliveries during the workday. Therefore, the arbitrator found he was an independent contractor, and denied workers’ compensation benefits for the injury he sustained during a delivery.

Stress of losing your job is not a compensable work injury.

A worker passed out and injured herself shortly after hearing that her job would be eliminated. She claimed the shock and stress of hearing the unexpected news caused her to faint. The arbitrator denied benefits because there was no medical evidence supporting her claim, and that the stress of losing your job is a risk that workers have in general, and is not specific to her job.

Because of the unique work conditions, benefits were appropriate for injury caused by twisting and reaching.

The ordinary act of twisting and reaching to get a tool was found by the arbitrator to be a work injury, and awarded temporary and permanent disability benefits. Because of the confined space on a ladder, the worker’s movements had to be adapted for the job in a unique way. That caused the injury to be job related, rather than just caused by ordinary and common movements.

Worker not required to attend Independent Medical Examination when employer did not prepay expenses.

Employer’s notice of the Independent Medical Examination was not proper because it did not include payment for the worker’s travel expenses, according to the commission. Therefore the worker was not required to attend the examination, and it was not proper to terminate her benefits because she did not go.

Lack of medical testimony hurt factory worker’s claim for benefits for skin cancer treatment.

Although a factory worker was exposed to several chemicals on the job, the arbitrator denied benefits for her treatments for skin cancer. The worker had not presented sufficient medical evidence that showed the connection between her exposure and her skin cancer. Also, she had several risk factors for skin cancer, which were unrelated to her employment.

Maintenance benefits were lost by a worker who did not cooperate with vocational rehabilitation.

A worker who had been awarded maintenance benefits forfeited those benefits, according to the commission. A vocational rehabilitation company was hired to help the worker return to work, but the commission found that he did not cooperate with the rehabilitation plan. He did not make as many job contacts as they required, and did not act properly when he was at potential job sites. Because of his lack of cooperation, the commission terminated his maintenance benefits.

Doctor’s surgery recommendation was rejected because it lacked support.

The arbitrator did not authorize surgery for a worker even though his treating physician recommended the procedure. The independent medical examiner opposed the surgery and provided specific reasons for the decision. On the other hand, the treating physician did not support his recommendation for surgery, because he did not provide his reasoning and justification for the surgery.

Surveillance video plays a part in denying benefits.

A mechanic injured his back on the job. He continued to complain of pain from the injury. However video surveillance showed that he was participating in activities that did not seem to match the level of pain he claimed to be experiencing. The surveillance video contributed to the commission’s decision to deny benefits to the worker. His credibility was harmed by the apparent contradiction that it seemed to show.

Activities that seem common to all may still be considered job-specific.

A hotel housekeeper was injured while making beds at work. The arbitrator determined that her injuries were job-related and that she was entitled to benefits. Even though her activity of bending over and making beds is a common occurrence, in this case her job added an increased risk of injury. She made a large amount of beds in a day, and had to bend over to lift heavy mattresses to make hospital corners with the sheets. Therefore, she could receive benefits for her injury.

Meal break accident can sometimes still be a work injury.

A firefighter was at a hospital taking a class that was required of him by his job. During a break for breakfast, he injured his knee while rushing into a stairway. Even though he was on a break at the time of the accident, the commission awarded him benefits. The reasoning was that he was in a location and performing an activity that his job required, when he was injured. The fact that he was moving quickly in the stairway was also related to the emergency nature of his job.

Refusing work that comes within your medical restrictions can cause suspension of benefits.

A worker injured his back on the job. He was offered light-duty work that fell within the restrictions set by his physician, but he declined the work claiming he could not drive because of his pain and his medications. The court held that the worker’s refusal of the modified work was improper, and justified suspending his Temporary Total Disability benefits for that period. His conduct did not warrant complete termination of the benefits, though.

Helping a coworker is found not to be a job-related activity.

While coworkers were on a meal break during the workday, one needed to have his car jump-started. During the process one of the workers was injured. The commission held that this activity was not a risk associated with his employment. The injured worker was not doing something for his own comfort at the time; it was for another worker. Also, even though some cases allow for benefits where one coworker aids another, in this case the activity was an unreasonable risk, and not in any way associated with his employment.

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