Case name: Chomyk v. City of Chicago/Dept. Of Streets
and Sanitation, 12 ILWCLB 34 (Ill.Ind.Comm.2004)
Ruling: The
Commission awarded $16,278 in additional compensation under Section 19(k) and
$3,255 in attorney's
fees under Section 16 for the city of Chicago's
delay in paying workers'
compensation benefits to an injured employee.
What it means: An
employer's explanation
that a delay in payment was due to a misunderstanding of the time limitations
does not justify a delay of payment, especially where the employee has sent
repeated written request reminding the employer of its obligation to pay the award.
Summary: The
arbitrator awarded the claimant $32,500 in permanent partial and temporary
total disability benefits for injuries sustained while working for the City of
Chicago. The claimant sent four written requests for payment of the award. On
Sept. 10, 2003, the claimant filed a petition for penalties and attorney's fees. Payment was
received by the claimant's
attorney on Sept. 12, 2003. The Commission granted the petition, noting that
where there is a delay in payment of benefits due a claimant, the burden is on
the employer to justify the delay. Here, the employer claims that this case
inadvertently "slipped
through the cracks"
and that an employee involved in the claims process did not understand the time
limitations for review proceedings. The Commission found such justification not
persuasive, particularly in light of the claimant's
repeated written requests reminding the employer of its obligation to pay the
award.
