Random Attack on Delivery Driver Held Compensable Under Traveling Employee Doctrine |
| Potenzo v. Illinois Workers' Compensation Com'n |
| --- N.E.2d ----, 2007 WL 4439704, Ill.App. 1 Dist., December 18, 2007 (NO. 1-07-0077WC) |
The petitioner was employed by Jewel Food Stores as a delivery truck driver. During one of his visits to a Jewel Store, he was attacked from behind by an unknown assailant. The petitioner did not know who attacked him or why. The arbitrator and Industrial Commission denied compensability based on the lack of any evidence that the attack was related to his employment.
The appellate court reversed the Commission and found the case compensable. It determined the attack was neither a risk distinctly associated with his employment nor was it personal to him. The attack was a result of a neutral risk. It further held that since the petitioner was a traveling employee, the risk of being assaulted, although one to which the general public is exposed, was a risk to which the claimant, by virtue of his employment, was exposed to a greater degree than the general public. Thus, the case was found compensable. |
Appellate Court Reverses Commission Award for Amputation Combined with Permanent Total |
| Beelman Trucking v. Illinois Workers' Compensation Comm'n
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--- N.E.2d ----, 2008 WL 901460, Ill.App. 5 Dist., March 31, 2008 (NO. 5-07-0071WC) |
| Petitioner was involved in a motor vehicle accident which resulted in a burst fracture at C5-6 resulting in a complete loss of both legs as well as an amputation of the right arm below the elbow. Arbitrator Teague awarded statutory permanent total benefits under Section 8(e)(18) and 250 weeks for the amputation of the right arm. In addition, Arbitrator Teague awarded the cost for a voice activated computer system and an additional insurance premium for the handicap modifications endorsement to the petitioner's automobile policy. The Commission increased the award on the arm to 300 weeks but otherwise affirmed the decision. The Appellate Court reversed the Commission's award of 300 weeks for the amputation ruling that the Commission does not have the power to award PPD benefits for specific losses and permanent total disability resulting from the same accident. However, the Appellate Court affirmed the Commission's award of a voice activated computer and the automobile insurance premium covering the handicap modifications endorsement. It held that these were unique expenses that were incurred as a result of the work related injuries and benefitted the petitioner's physical and psychological health and well-being. |
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