Sangamon Sun

The Illinois Workers' Compensation Commission (WCC) overstepped its purview when it attempted to enforce a workers’ compensation award, the state's First District Appellate Court ruled recently.

The proper authority for such enforcement is the circuit court, the district court said.

According to the Chicago law firm Keefe, Campbell, Biery & Associates’ (KCB&A), the decision was based on a case involving a claimant identified as Guzman, who was struck by a box weighing approximately 20 pounds while working for the Millennium Knickerbocker Hotel in 2006. The hotel agreed to pay Guzman $7,800, while not accepting liability and indicating that it had paid all of Guzman’s medical bills.

In 2014, Guzman said that he had received medical bills of more than $16,500 and attempted to to collect payment from the hotel. The WCC ordered the hotel to pay all outstanding bills and awarded penalties and legal fees despite Guzman’s attorney having said he was not requesting penalties. Upon a request for review by the hotel, the case was upheld by the Cook County Circuit Court. The hotel appealed.

An appellate court ruled that while the WCC can assess penalties and attorneys' fees in instances in which parties do not comply with settlements, it does not have the jurisdiction to enforce settlements. Claimants must instead turn to the circuit court. Further, because Guzman’s attorney had not requested penalties, the appellate court vacated those the commission had awarded.

“It is unclear why the Commission felt it was appropriate to award penalties when this wasn’t an issue nor was there a petition filed,” John Karis wrote for KCB&A. “We hope the Commission will follow this decision moving forward, if penalties are not appropriately filed and presented in the record.”