Case name: Central Rug & Carpet v. (Delricco),
Industrial Commission, 13ILWCLB 186 (Ill.App.Ct., 1st 2005).
Ruling: The Appellate Court of
Illinois, 1st District affirmed the Circuit court’s judgment
confirming the Commission. The Commission properly found a carpet installer’s
injury compensable and awarded penalties and attorney’s fees for the employer’s
unreasonable and vexatious conduct in denying temporary total disability and
medical benefits.
What it means: A dispute over
liability between two carriers does not justify the denial of benefits clearly
owed to a claimant.
Summary: The claimant, a carpet
installer, injured his left elbow ina work accident on October 1, 2000. He
suffered a second work accident on February 6, 2002, again injuring the left
elbow. The Commission found the claimant’s condition was attributable to the
February accident, as such accident was an independent intervening cause
breaking the chain of causation between the October injury and the ensuing
disability. In addition, TTD and medical expenses, the Commission awarded
penalties and attorney’s fees, reasoning that a dispute over liability between
two carriers does not justify the denial of benefits clearly owed to the
claimant. The appellate court affirmed, as the Commission’s decision was not
against the manifest weight of the evidence.
In addressing the issue of an intervening accident, the court
noted that the claimant’s immediate and frequent treatment following the
February injury demonstrated that his injury was aggravated by the February
accident, especially in light of the delay in treatment and infrequent medical
visits following the October accident. Also, following the February accident,
the claimant complained about the pain in his arm more often and reported new
and different symptoms.
As for the award of penalties and attorney’s fees, the court
found its prior decision in Bunnow v. Industrial Commission instructive.
In Bunnow, two employers disputed liability, each contending the claimant
was an employee of the other. However, neither employer contested that the
claimant suffered severe injuries from a work-related accident. The appellate
court affirmed an award of penalties and attorney’s fees. Ultimate liability of
an employer was clear and the only dispute was over who was responsible for
paying the claimant benefits. Similarly, in the instant case, the employer’s
liability was clear. The only dispute was over which insurance carrier was
responsible for paying benefits. Accordingly, the Commission’s award based on
unreasonable or vexatious delay was not against the manifest weight of the
evidence.
