Legal Memorandum: Damages an employer is responsible for paying after claimant makes requisite showing, under the Workers’ Compensation Act

Issue: Under Illinois law, under the Workers Compensation Act, what damages is am employer responsible for paying where a claimant makes the requisite showing?

Pursuant to section 8(a) the Act ([statref]820 ILCS 305/8(a) (West 2010)[/statref]), an employer must pay "for all the necessary first aid, medical and surgical services, and all necessary medical, surgical and hospital services thereafter incurred, " which are "reasonably required to cure or relieve from the effects of the accidental injury." "Questions as to the reasonableness of medical charges or their causal relationship to a work-related injury are questions of fact to be resolved by the Commission, and its resolution of such matters will not be disturbed on review unless against the manifest weight of the evidence. Westin Hotel v. Industrial Comm’n, 372 Ill.App.3d 527, 546, 865 N.E.2d 342, 359 (2007).

Sharkey Transportation, Inc. v. The Illinois Workers’ Compensation Commission, No. 3-15-0380WC, 2016.IL.000229 (Feb. 5, 2016) (VersusLaw).

Date: March 1, 2016
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