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What does it mean to have your workers comp case remanded to arbitrator for re-arbitration after winning the judicial decision?

Chicago, IL |

My employer has contested my workers comp claim and have lost every decision including the judicial review in circuit court. The judge affirmed the commissions decision ruling in my favor and denied my employer's appeal. My injury occurred 6/11 and I haven't received any TTD payments. When the judge rendered his decision he allowed re- arbitration. Do this mean I have to go through all the status calls and possible hearing again before I start receiving benefits? The arbitrator never entered any amounts for benefits, Is the re-arbitration for her to enter those figures or what? When will I possibly start receiving my TTD benefits? I'm also still under Dr. care for my injury which will leave some permanent disability and disfigurement. What do you think?

Attorney Answers 3

  1. I am not a Illinios atty so I will leave it to those that know the specifics but if you have an attorney isn't this a question that they should answer for you?

  2. From your question, it appears that your employer asked for a review of the original arbitrator's decision, lost that, and ultimately filed a petition for review with the circuit court, which determined that the case must be arbitrated again (sometimes this is only on some issues, sometimes it is on all issues--you'd have to read the decision to know what their remand specifies).

    One of the main reasons this case is so hotly contested is specifically BECAUSE of the inherent delay in the review and appeal process. Your employer's attorneys know that and your attorney should have explained this to you. Thus, it will be set for a new trial (you will not have to go through the process of status calls; it will likely be specially set for trial on the next trial cycle, provided the attorneys are ready to go).

    If you are still under a doctor's care, it is unclear whether this is separate from the issues in the WC case. If so, these issues presumably would be addressed in the second trial.

    The best person to explain the decision and its ramifications is your lawyer; talk to him or her!

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

  3. You are in over your head. Hire an experienced WC attorney.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links:

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