ILLINOIS WORKERS’ COMPENSATION COMMISSION
NOTICE OF ARBITRATOR DECISION
____________________ Case # _________________
Employee/Petitioner
____________________
Employer/Respondent
On 4/14/2011, an arbitration decision on this case was filed with the Illinois Workers’ Compensation Commission in Chicago, a copy of which is enclosed.
If the Commission reviews this award, interest of 0.11% shall accrue from the date listed above to the day before the date of payment; however, if an employee’s appeal results in either no change or a decrease in this award, interest shall not accrue.
A copy of this decision is mailed to the following parties:
1067 ANKIN LAW OFFICE, LLC
162 W GRAND AVE.
CHICAGO, IL 60654
STATE OF ILLINOIS )
)
COUNTY OF COOK )
___Injured Workers’ Benefit Fund (§4(d))
___Rate Adjustment Fund (§8(g))
___Second Injury Fund (§8(e)18)
_x_None of the above
ILLINOIS WORKERS’ COMPENSATION COMMISSION
ARBITRATION DECISION
____________________ Case # _________________
Employee/Petitioner
v. Consolidated cases:_____
____________________
Employer/Respondent
An Application for Adjustment of Claim was filed in this matter, and a Notice of Hearing was mailed to each party. The matter was heard by the Honorable ______________ Arbitrator of Workers’ Compensation Commission, in the city of Chicago, on March 29, 2011. After reviewing all of the evidence presented, the Arbitrator hereby makes findings on the disputed issues, and attaches those findings to this document.
ISSUES:
A. ___Was Respondent operating under and subject to the Illinois Workers’ Compensation or Occupational Diseases Act?
B.___Was there an employee-employer relationship?
C.___Did an accident occur that arose out of and in the course of Petitioner’s employment by Respondent?
D.___What was the date of the accident?
E.___Was timely notice of the accident given to Respondent?
F. _x_Is Petitioner’s present condition of ill-being causally related to the injury?
G.___What were Petitioner’s earnings?
H.___What was Petitioner’s age at the time of the accident?
I. ___What was Petitioner’s marital status at the time of the accident?
J.___Were the medical services that were provided to Petitioner reasonable and necessary?
K._x_What temporary benefits are in dispute?
___TPD ___Maintenance _X_ TTD
L._x_What is the nature and extent of injury?
M.___Should penalties or fees be imposed upon Respondent?
N.___Is respondent due any credit?
O.___Other _____
FINDINGS
- On March 18, 2010, the Respondent was operating under and subject to the provisions of the Act.
- On this date, an employee-employer relationship existed between the Petitioner and Respondent.
- On this date, Petitioner sustained injuries that arose out of and in the course of employment.
- Timely notice of this accident was given to Respondent.
- In the year preceding the injury, Petitioner earned $23,400.00; the average weekly wage was $450.00.
- At the time of injury, the Petitioner was 6 years of age, single with no children under 18.
- Necessary medical services have been provided by the Respondent.
- The parties agreed that the Petitioner was entitled to and received temporary total disability of $300.00/week for 22-3/7 weeks, from March 19, 2010 through August 23, 2010, and temporary partial disability benefits for 7-2/7 weeks from September 16, 2010 through November 5, 2010.
- To date, $7,485.33 has been paid by the Respondent on account of this injury.
ORDER
- The Respondent shall pay Petitioner Temporary Total Disability of $300.00/week for 1-4/7 weeks, from August 24, 2010 through September 3, 010, which is the period of Temporary Total Disability for which compensation is payable.
- The Respondent shall pay the Petitioner the sum of $270.00/week for a further period of 25 weeks, as provided in Section 8(d) of the Act, because the injuries sustained caused the permanent partial disability to Petitioner to the extent of 5% loss of the person as a whole.
- The Respondent shall pay the Petitioner compensation that has accrued from March 18, 2010 through March 29, 2011, and shall pay the remainder of the award, if any, in weekly payments.
RULES REGARDING APPEALS Unless a party files a Petition for Review within 30 days after receipt of this decision, and perfects a review in accordance with the Act and Rules, then this decision shall be entered as the decision of the Commission.
STATEMENT OF INTEREST RATE If the Commission reviews this award, interest at the rate set forth on the Notice of Decision of Arbitrator shall accrue from the date listed below to the day before the date of payment; however, if an employee’s appeal results in either no change or a decrease in award, interest shall not accrue.
FINDINGS OF FACTS:
The petitioner, an assistant store manager, was on duty at Respondent’s business during a robbery on March 18, 2010. The robber put a gun to the Petitioner’s back, threatened to kill her and the rest of the employees, made her open and empty the safe and took her cell phone before leaving the store. On March 22, 2010, the Petitioner sought psychological care with __________, a licensed clinical psychologist, whose impression was acute stress disorder, and recommendations were a leave of absence from all work activity and a psychiatric consultation for medication therapy. On March 29, 2010, the Petitioner saw Dr. __________ who prescribed Clonazepam. On May 22, 2010, Dr. __________ revised his diagnosis to Post Traumatic Stress Disorder. Dr. __________ recommended part-time work with no customer contact beginning on August 23, 2010. The Petitioner returned to work but felt that her symptoms were exacerbated and stopped working. The Petitioner saw Dr. __________ on September 12, 2010, who again recommended part-time work with no customer contact beginning on September 15, 2010. On November 5, 2010, Dr. __________ recommended unrestricted work but a change in the location of her workplace and discharged the Petitioner. The Petitioner was transferred to a different store.
FINDINGS REGARDING WHETHER THE PETITIONER’S PRESENT CONDITION OF ILL-BEING IS CAUSALLY RELATED TO THE INJURY:
Based upon the testimony and the evidence submitted, the Petitioner proved that her current condition of ill-being is causally related to the work injury.
FINDING REGARDING THE AMOUNT OF COMPENSATION DUE FOR TEMPORARY TOTAL DISABILITY:
The disputed period of temporary total disability is August 24, 2010, the date the Petitioner missed a scheduled Section 1 medical examination, through September 3, 2010, when she attended the examination. The Petitioner was not able to work during that period due to an exacerbation of her symptoms after returning to work the day before and is therefore entitled to temporary total disability benefits of $300.00/week for 1-4/7 weeks, from August 24, 2010 through September 3, 2010, as provided in Section 8(b) of the Act, because the injuries sustained caused the disabling condition of the Petitioner.
FINDINGS REGARDING THE NATURE AND EXTENT OF INJURY:
The Petitioner complains of some lingering difficulties with sleeping and the closing of a store at work. She still looks over her shoulder, but is better.
The Respondent shall pay the Petitioner the sum of $270.00/week for a further period of 25 weeks, as provided in Section 8(d)2 of the Act, because the injuries caused the permanent partial disability to Petitioner to the extent of 5% loss of the person as a whole.
