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Workers’ Compensation: Critical Legislation and Case Law Update – Illinois

Rain Water on Pavement is NOT an Increased Risk to the General Public

Recent Case Law

Dukich v. IWCC, 2017 IL App. (2d) 160351WC:

  • Claimant/high school teacher slipped and fell on rain water walking into the school merely feet away from the entrance door when walking in from lunch.
  • Typically, IL work comp matters are found compensable when a claimant slips and falls on ice or snow leading into the employer’s entrance due to “an increased risk to the general public.”
  • The IL Appellate Court, Workers’ Compensation Division found that wet pavement from rain water does not constitute “an increased risk to the general public,” and affirmed denial of the claim by the Commission.

Bagwell v. IWCC, 2017 IL App. (4d) 160407WC:

  • An employee of Nestle, who also was a pastor for a church, was seeking concurrent wages for the AWW for his compensable work accident.
  • Section 10 of the Act allows concurrent employment wages to count toward the AWW when the employer is aware of the concurrent employment prior to the injury.
  • The IL Appellate Court, Workers’ Compensation Division found that Nestle was aware of the claimant’s employment as a pastor, but was not aware that he received compensation for being a pastor.
  • Therefore, the IL Appellate Court, Workers’ Compensation Division found that concurrent employment can count toward the AWW only if the employer knew that the claimant received payment for his work as a pastor.

Perez v. IWCC, 2018 IL App. (2d) 170086WC:

  • Claimant put medical bills related to her work comp case through her husband’s health insurance, which paid in the amount of $17.597.86.
  • The IWCC found that the employer should pay the amount paid by the health insurance, instead of the IL fee schedule (which was more $).
  • The rationale for this decision was per Section 8(a) of the Act “the employer shall provide and pay the negotiated rate, if applicable, or the lesser of the health care provider’s actual charges or according to a fee schedule…”
  • The IL Appellate Court, Workers’ Compensation Division found the employer shall pay medical expenses limited to that which is reasonably required to cure or relieve from the effects of the accidental injury.
  • In this particular matter, the claimant was cured or relieved from the effects of her injury once the employer paid the negotiated rate of $17,857.96 with a $0 balance remaining.

Legislation

There are no current pending legislative changes to the IL Workers’ Compensation Act. No legislative changes have been made to the Act since the changes in September 2011.

For more information or questions on how this pertains to cases you are handling please e-mail the author here.

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