Recent Case Law Table of Contents

Representative Cases:

• McCuen v. Peoria Park District, 643 NE2d 778 (S.Ct. 1994)
• Kerker v. Elbert, 634 NE2d 482 (1984)
• Wolland v. Industrial Commission, 434 N.E.2d 1132 (Ill. 1982)
• R.A. Cullinan & Sons, Inc. v. Industrial Commission, 549 NE2d 805 (1990)
• Village of Oreana v. Industrial Commission, 289 Ill. App.3d, 682 NE2d 1158 (1997)
• Maskel v. Industrial Commission
• Blake v. Industrial Commission
• Stark v. Industrial Commission
• Cook v. Industrial Commission, 596 NE2d 746 (1992)
• R.A. Cullinan & Sons, Inc. v. Industrial Commission, 575 NE2d 1240 (1991)
• Gallianetti v. Industrial Commission
• Maxwell v. Industrial Commission (3rd District 2003)

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Knell & Kelly Successful Repetitive-Type Trauma Cases:

Kelly v. Interstate Brands, 04 IIC 0019. This is a case which our firm successfully handled on behalf of Interstate Brands. This is a case which the Petitioner alleged bilateral carpal and cubital tunnel syndromes. After having an independent medical examiner review a videotape in this case, this matter was found to be a non-work-related matter.

Sibley v. Plastic Products, Inc., 01 WC 22120 & 01 WC 16190. This is a case which was successfully handled on behalf of one of our clients, Plastic Products, Inc. This is a case which the Petitioner alleged repetitive work activities affected her shoulder. After reviewing the deposition testimony results, the Commission denied benefits to the Petitioner.

Hodges v. Seaburg Industries, 02 WC 9075. This is a case which our firm successfully handled on behalf of Seaburg Industries. This is a case where an onsite job analysis was performed on behalf of the Respondent. Our doctor reviewed the onsite job analysis. Even though the treating physician testified that the work-related condition was a contributing factor, we were able to prevail at the time of trial.

Nonrepresentative Cases:

Illinois Recent Decisions

Smith v. Landes Trucking, Inc., 11 ILWCLB 235 (IIC 2003). Ruling: The Commission denied the employer's motion to suspend entitlement to benefits for the claimant's failure to attend a scheduled Section 12 examination, where the claimant did not receive his travel expense check until the day of the examination. What It Means: A claimant need not attend a scheduled Section 12 examination if the travel advance check is received on the day of or after the examination date.

O'Neil v. Hydro Chem Industrial Services, Inc., 11 ILWCLB 230 (IIC 2003). Ruling: The Commission denied benefits to a truck driver for injuries sustained while using a shortcut to get to his workstation at the beginning of the day. He was not performing any task of his employment at the time of the injury. What It Means: Where a claimant arrives at work late and takes a shortcut from the security gate to his workstation, any injuries sustained while using such a shortcut do not arise out of or in the course of his employment.

Tomich v. St. James Hospital and Health Center, 11 ILWCLB 236 (IIC 2003). Ruling: The Commission modified the arbitrator's average weekly wage determination for a nurse who held concurrent employment. The arbitrator erroneously added the earnings from both employers and divided by 52 weeks. What It Means: In calculating the average weekly wage or concurrent employment, the arbitrator or Commission must first determine the average weekly wage of each employer separately. The two average weekly wages are then added together.

Mokos v. McKernin Exhibits, 11 ILWCLB 210 (IIC 2003). Ruling: The Commission awarded benefits to an employee who was injured in a work-related automobile accident, despite the claimant having tested positive for cocaine. The employer failed to show that the claimant was unable to perform his job duties due to intoxication on the date of the accident. What It Means: An employee's positive test result for cocaine following a work-related automobile accident will not bar a benefit award where the employer fails to show that the injury arose out of and in the course of the employee's intoxicated condition.

Barkley v. National Garages, 11 ILWCLB 204 (IIC 2003). Ruling: The Commission held that a garage attendant who suffered an unexplained fall was entitled to benefits. The fact he was carrying company keys in one hand at the time of the accident prevented the claimant from breaking his fall. What It Means: A claimant's act of carrying company keys in one hand at the time of a fall represents an increased risk of injury that was sufficient to justify a benefit award.

Elder v. Parkside Convenience, 11 ILWCLB 149 (IIC 2003). Ruling: A majority of the Commission awarded death benefits to a family of an employee at a convenience store who died of a heart attack while at work, where evidence indicated that the decedent's work activities contributed to her fatal heart attack. What It Means: A claim arising from an employee's fatal heart attack may be compensable despite the lack of eye witness testimony, where circumstantial evidence supports a finding that the decedent would have been busy at work at the time of the heart attack.

Barker v. Downers Grove Park District, 11 ILWCLB 151 (IIC 2003). Ruling: A Commission majority reversed the arbitrator's decision denying benefits, finding that the claimant's injury on a public sidewalk arose out of and in the course of employment. What It Means: A teacher's injury while walking from a nearby parking lot to her school may be compensable, where she is required by her employer to park in such a lot and she is carrying teaching supplies at the time of injury, which may have interfered with her vision and balance.