Legal Memorandum: Commission’s standard of review for determining whether an injury or illness is employment related

Issue: Under Illinois law, what is the standard of review applied to a Commission’s determination of whether or not an injury or illness is employment related?

The question of whether a causal relationship exists between a claimant’s employment and his condition of ill-being is a question of fact to be resolved by the Commission, and its determination of the issue will not be disturbed on appeal unless it is against the manifest weight of the evidence. Certi-Serve, Inc. v. Industrial Comm’n, 101 Ill.2d 236, 244 (1984). In determining such issues, it is the function of the Commission to decide questions of fact, judge the credibility of witnesses, and resolve conflicts in evidence, particularly conflicting medical testimony. Sisbro, Inc. v. Industrial Comm’n, 207 Ill.2d 193, 207 (2003); Keystone Steel & Wire Co. v. Industrial Comm’n, 71 Ill.2d 454, 457 (1978). For a finding of fact to be against the manifest weight of the evidence, a conclusion opposite to the one reached by the Commission must be clearly apparent. Caterpillar, Inc. v. Industrial Comm’n, 228 Ill. App. 3d 288, 291 (1992).

Elite Staffing v. Illinois Workers’ Compensation Commission, No. 1-14-3301WC, 2016.IL.0000259 (Feb. 5, 2016) (VersusLaw).

Date: March 1, 2016
[…]