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IWCC Rules Claimant’s Fall at Home Was Not Intervening Injury

April 24th, 2012 at 4:55 am

The Illinois Workers’ Compensation Commission recently reversed the arbitrator’s decision in Lukas v. Chicago, City of, ruling that an injury sustained by the claimant while recovering from his initial work injury did not break the causal connection chain.

Workers’ comp issues can get sticky when they involve multiple subsequent injuries, not all taking place at the claimant’s place of employment. Such is the case in Lukas. The claimant, a laborer, underwent ankle surgery in August of 2009 due to a work injury that took place in March of that year. A couple weeks after his surgery, while using his prescribed cane, , the claimant fell on his stairs at home, rupturing his Achilles tendon and requiring a second surgery.

In this Illinois workers’ compensation claim, the arbitrator found that the claimant failed to prove a causal connection between his original work injury and this fall, thus making his treatment for this second injury ineligible for workers compensation benefits. However, the WC Commission reversed this decision, ruling that the claimant’s subsequent injury was not an intervening injury, as it was caused by his weakened condition due to his initial injury.

If you receive workers’ compensation benefits in Illinois, and undergo a second injury, consult an experienced Chicago workers’ comp lawyer to discuss your situation. A skilled Chicago workers’ comp attorney can answer all of your questions regarding the sometimes confusing Illinois workers’ compensation process.

Image courtesy of: renith Krishnan

Written by Staff Writer

April 24th, 2012 at 4:55 am

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