Concrete Structures of the Midwest v. Illinois Workers’ Compensation Commission

Summary

The Illinois Appellate Court, First District, Workers’ Compensation Commission Division, reviewed a workers’ compensation dispute involving permanent and temporary disability benefits, maintenance, medical expenses, and statutory penalties and attorney fees. The court affirmed the award of section 19(l) penalties and the other benefits and expenses, but affirmed the setting aside of section 19(k) penalties and section 16 attorney fees because the Commission applied the incorrect burden of proof. The court remanded the penalty and fee issues to the Commission for application of the proper legal standard.

Holdings

1. An appellee or cross-appellant’s arguments that lack the pertinent authority required by Illinois Supreme Court Rule 341(h)(7), as applied through Rule 341(i), may be forfeited. The employer forfeited its challenges to the PTD, TTD and maintenance, and medical-expense awards.
2. The Commission’s award of section 19(l) penalties was not against the manifest weight of the evidence because the employer failed to establish an adequate justification for its delayed payment of benefits.
3. Section 19(k) penalties and section 16 attorney fees require a higher showing than section 19(l) penalties: the claimant bears the burden of establishing entitlement based on deliberate delay, bad faith, or improper purpose.

Questions Presented

1. Whether the employer forfeited its challenges to the awards of permanent total disability benefits, temporary total disability and maintenance benefits, and medical expenses by failing to support its appellate arguments with pertinent authority.
2. Whether the Commission’s award of section 19(l) penalties for unreasonable delay in payment was against the manifest weight of the evidence.
3. Whether the Commission applied the proper legal standard in awarding section 19(k) penalties and section 16 attorney fees.
4. Whether the circuit court properly set aside the Commission’s awards of section 19(k) penalties and section 16 attorney fees and remanded those issues to the Commission.

Disposition

remanded