Can the Commission award penalties pursuant § 19(k) and 16 for prospective medical care?
In what was first a Rule 23 order entered March 6, 2009 and now a published decision filed May 13, 2009, the Illinois Appellate Court, Workers’ Compensation Division, in Residential Carpentry v. Workers’ Compensation Commission, No. 03-08-0122WC, affirmed a case where the arbitrator awarded temporary total disability benefits and penalties on prospective medical expenses. This case involved a carpenter who injured his left shoulder on October 13, 2003 when he tore his rotator cuff while lifting some stairs. It is also noted that from April of 2001 through October of 2004 he worked part time in a window washing business. Surgery was eventually prescribed for the shoulder, but the respondent refused to authorize the surgery. The petitioner did return to work on a light duty restriction and the employer provided light duty. On June 9, 2004 he aggravated his shoulder while again lifting a set of stairs. His doctor reiterated the fact that he needed surgery. He continued to be provided ligh
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- Can the Commission award penalties pursuant § 19(k) and 16 for prospective medical care?
