{
  "id": 3716480,
  "name": "HELP AT HOME, Appellant, v. ILLINOIS WORKERS' COMPENSATION COMMISSION et al. (Patty Lackscheide, Appellee)",
  "name_abbreviation": "Help At Home v. Illinois Workers' Compensation Commission",
  "decision_date": "2010-11-16",
  "docket_number": "No. 4\u201409\u20140977WC",
  "first_page": "1150",
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  "last_updated": "2023-07-14T15:12:02.087067+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
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  "casebody": {
    "judges": [],
    "parties": [
      "HELP AT HOME, Appellant, v. ILLINOIS WORKERS\u2019 COMPENSATION COMMISSION et al. (Patty Lackscheide, Appellee)."
    ],
    "opinions": [
      {
        "text": "JUSTICE HOFFMAN\ndelivered the opinion of the court:\nThe claimant, Patty Lackscheide, filed an application for adjustment of claim pursuant to the Workers\u2019 Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2006)), seeking benefits for injuries she allegedly received while in the employ of Help At Home (Help). Following a hearing held pursuant to section 19(b) of the Act (820 ILCS 305/19(b) (West 2008)), an arbitrator found that the claimant sustained injuries to her low back and right shoulder arising out of and in the course of her employment with Help on December 14, 2007. The arbitrator awarded the claimant 53h weeks of temporary total disability (TTD) benefits, covering December 19, 2007, and the period from January 2, 2008, through February 8, 2008. In addition, the arbitrator ordered Help to pay $5,526.06 for medical services rendered to the claimant and to authorize certain prospective medical treatment.\nHelp filed a petition for review of the arbitrator\u2019s decision before the Illinois Workers\u2019 Compensation Commission (Commission). In a unanimous decision, the Commission found that the claimant \u201cfailed to prove that her condition of ill-being as it pertains to her right shoulder is causally connected to the accident on December 14, 2007,\u201d and otherwise affirmed and adopted the arbitrator\u2019s decision. In addition, the Commission remanded the matter to the arbitrator pursuant to Thomas v. Industrial Comm\u2019n, 78 Ill. 2d 327, 399 N.E.2d 1322 (1980), and specifically provided that \u201con remand, the Arbitrator may consider any additional evidence with respect to the causal connection of the right shoulder to the accident.\u201d\nThereafter, Help filed a petition for judicial review of the Commission\u2019s decision in the circuit court of Morgan County. The circuit court confirmed the Commission\u2019s decision, finding that the Commission \u201cdid have authority under the facts of the case to remand the case to the arbitrator for the purpose of considering additional evidence with respect to the causal connection of the right shoulder.\u201d This appeal followed.\nHelp argues that the circuit court erred, as a matter of law, in confirming that part of the Commission\u2019s decision which provides that, on remand, the arbitrator may consider additional evidence relating to a causal connection between the claimant\u2019s work accident of December 14, 2007, and her right-shoulder injury. We agree.\n\u201cUnder the law-of-the-case doctrine, a court\u2019s unreversed decision on an issue that has been litigated and decided settles the question for all subsequent stages of the action.\u201d Ming Auto Body/Ming of Decatur, Inc. v. Industrial Comm\u2019n, 387 Ill. App. 3d 244, 252, 899 N.E.2d 365 (2008). The principles underlying the doctrine apply to matters resolved in proceedings before the Commission. Weyer v. Illinois Workers\u2019 Compensation Comm\u2019n, 387 Ill. App. 3d 297, 307, 900 N.E.2d 360 (2008); Irizarry v. Industrial Comm\u2019n, 337 Ill. App. 3d 598, 606-07, 786 N.E.2d 218 (2003).\nIn this case, the arbitrator specifically found that the claimant\u2019s \u201clow back and right shoulder injury are causally related to the work accident of December 14, 2007.\u201d On review, the Commission found that the claimant \u201cfailed to prove that her condition of ill-being as it pertains to her right shoulder is causally connected to the accident on December 14, 2007.\u201d The claimant never sought a judicial review of the Commission\u2019s determination in this regard. The determination, thus, became the law of the case, and the claimant is barred from raising the issue of a causal connection between her right shoulder injury and the accident on December 14, 2007, during any further proceedings on remand. We conclude, therefore, that the circuit court erred, as a matter of law, in confirming that part of the Commission\u2019s decision which provides that, on remand, the arbitrator may consider additional evidence relating to a causal connection between the claimant\u2019s work accident of December 14, 2007, and her right-shoulder injury. Consequently, we: reverse that portion of the circuit court\u2019s order finding that the Commission had the authority to remand the case to the arbitrator for the purpose of considering additional evidence with respect to a causal connection between the claimant\u2019s right-shoulder injury and her accident of December 14, 2007, and affirm the circuit court\u2019s judgment in all other respects; vacate that portion of the Commission\u2019s decision holding that, on remand, the arbitrator may consider additional evidence with respect to the causal connection of the right shoulder to the accident; and remand the cause to the Commission for further proceedings.\nAffirmed in part and reversed in part, Commission\u2019s decision vacated in part, and cause remanded to the Commission.\nMcCullough, P.J., and Hudson, holdridge, and STEWART, JJ., concur.",
        "type": "majority",
        "author": "JUSTICE HOFFMAN"
      }
    ],
    "attorneys": [
      "Michael J. Holt and Stephen J. Klyczek (argued), both of Hennessy & Roach, EC., of Springfield, for appellant.",
      "John V Boshardy and Matthew Clarke (argued), both of John V Boshardy & Associates, EC., of Springfield, for appellee."
    ],
    "corrections": "",
    "head_matter": "HELP AT HOME, Appellant, v. ILLINOIS WORKERS\u2019 COMPENSATION COMMISSION et al. (Patty Lackscheide, Appellee).\nFourth District\nNo. 4\u201409\u20140977WC\nArgued October 28, 2010.\nOpinion filed November 16, 2010.\nMichael J. Holt and Stephen J. Klyczek (argued), both of Hennessy & Roach, EC., of Springfield, for appellant.\nJohn V Boshardy and Matthew Clarke (argued), both of John V Boshardy & Associates, EC., of Springfield, for appellee."
  },
  "file_name": "1150-01",
  "first_page_order": 1166,
  "last_page_order": 1168
}