Workers’ compensation claims arise as a result of an employee being injured on the job. Because of the unique nature of these cases, Illinois workers’ compensation claims are handled by the Illinois Workers’ Compensation Commission (IWCC) instead of a civil court. However, just like other court systems, sometimes the IWCC does not rule correctly and claimants need to appeal its decision to a higher authority.
For example, in the case of Pactiv v. Illinois Workers’ Compensation Commission (Juan Luna, Appellee, No. 1-10-0086 WC, both the employer and employee appealed the decision made by the IWCC. The Illinois worker injury lawsuit arose out of an injury that the claimant, Juan Luna, received while working for his employer, Pactiv. Mr. Luna operated an extrusion machine, which created plastic rolls that weighted between 70 and 80 lbs., and was responsible for making simple repairs and basic adjustments.
However, while operating the extrusion machine in 2004, Luna lost five fingers on his right hand, which was also his dominant hand. Mr. Luna underwent extensive physical therapy and was able to eventually lift up to 5 lbs. with his right hand. His physician cleared Mr. Luna to return to medium or heavy duty at work. While Pactiv initially placed Mr. Luna on light duty, he was eventually returned to his prior job of running the extrusion machine.