IL: Increased Risk of Injury May Be Either “Qualitatively” or “Quantitatively” Shown

IL: Increased Risk of Injury May Be Either “Qualitatively” or “Quantitatively” Shown

An Illinois appellate court recently an award of workers’ compensation benefits to a Community Service Officer who sustained injuries to his right knee and back when his knee “gave out” while he traversed a stairway in the police station where he worked. The court acknowledged that falling while traversing stairs was a neutral risk, and that injuries resulting therefrom generally did not arise out of the employment.  The court noted an exception, however, where the requirements of the claimant's employment created a risk to which the general public was not exposed. The court added that the increased risk could be qualitative or quantitative, such as where the claimant was exposed to a common risk more frequently than the general public.  The court observed that the evidence indicated the claimant had to climb and descend the stairs at least six times each day.  There was sufficient evidence to support the finding that the claimant faced a risk of injury greater than that to which the general public was exposed.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Village of Villa Park v. Illinois Workers’ Comp. Comm’n (Simons), 2013 Ill. App. LEXIS 933 (Dec. 31, 2013) [2013 Ill. App. LEXIS 933 (Dec. 31, 2013)]

See generally Larson’s Workers’ Compensation Law, § 4.03 [4.03]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

 _____________________________________________________________________

 

Price $99*; Books shipping now to customers! 

 

Keep track of how the workers' comp landscape is changing with this 400+ page compendium. Here's what you get: 

  • A 50 state survey at a glance of workers' comp-related legislation, including selected drug bills, with commentary from 27 defense attorneys, 16 claimant's attorneys, and National expert Thomas A. Robinson, staff writer for Larson's Workers' Compensation Law
  • In-depth analysis and insight on key issues, including exclusive remedy, medical marijuana, opt outs, Affordable Care Act & much more
  • Larson's Spotlight on interesting cases for 2013, written by national expert Thomas A. Robinson

View the brochure & table of contents.

View sample pages.

 

Order online or contact Christine Hyatt at  ph. 937-247-8166, or Email: Christine.E.Hyatt@lexisnexis.com.

 

*Price does not include sales tax, shipping or handling. Price subject to change without notice.

For more information about LexisNexis products and solutions connect with us through our corporate site