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commission decision - fireball - 07-27-2010

Hello, everyone it's been a long time since i've been able to get on. spent the last couple of days reading and catching up what and where everyone is at in the system.

I am trying to find out if anyone knows how long the commission has to make a decision in Illinois. My attorney tells me one thing and when I read the illinois industrial commission web site it says something else.

thanks in advance for any info


RE: commission decision - Bad Boy Bad Boy - 07-27-2010

(((how long the commission has to make a decision in Illinois)))

Decision on, or for what?

RE: commission decision - fireball - 07-27-2010

Sorry just assumed everyone reads my mind (j.k.)

My case went to trial last year for all three issues---was I working for the company at the time---did the injury happen while I working and was the injury related to the accident

In december the arbritrator ruled in my favor on all three issues

I was awarded all medical expenses and weekly ttd from the time they stopped my payments.

In january they appealed. In june both attorneys had their 5 minutes in front of the commission

which if you are wondering they appealed on the account that the rsd is not related to the injury--no early diagnosis of it at the first dr. appt as we all know rsd is not diagnosised at the time of injury it can take weeks months or years

thanks for the reply


RE: commission decision - Bad Boy Bad Boy - 07-27-2010

I see I remember your case as you been to trail or hearings before. I don't know the answer as because I don't know if a decision was even made yet. But, do you know, are you set for 60 days or 90 days hearings. 90 days is the normal. I know mine are now 60 days apart. But it is possible, at the next date you will have an answer. But, still what did your attorney say took place. Maybe you know.

RE: commission decision - fireball - 07-27-2010

Kinda lost on your reply, the commission has not rendered a decision yet that is why i was curious as to how long they have or if there is no deadline.

my hearings are 90 days apart however, we have never been to a hearing- my attorney took it straight to trial. I was not getting ttd or medical -yet they were and still continue to pay for my monthly perscriptions. all the depositions for both sides were done before the trial last year and all evidence entered. like i said i won that trial. when they appealed it was sent to the commission to obviously review the arbritrators decision. I know a decision has not been made as when it is, it is listed on the illinois industrial commission case page.(exactly what happened when the decision to the trial was made)
my attorney said the appearance at the commission went well, they wanted to say there was no diagnosis of rsd in the first doctors reports my attorney reiterated my medical records which show any injury i recieve results in a flare up of the rsd. i have had other accidents(all accidents) at the job that have resulted in rsd- - have always been able to return-- howerver this accident was quite brutal and i have still not been able to return. the only thing my attorney was surprised about is that the commission did not ask questions of either side.
It is still a miff to my attorney as to why they continue to pay for all my medication and not my ttd. recently, a wire was broken in my spinal cord stimulator. workcomp did not give a for sure "NO" to replace it but wanted all my medical records sent to the company who pays for my perscriptions. that company agreed it was medically nesscary to not only repair the broken wire but also do a trial stimulator for the upper extremities. low and behold the same day that company sent their decision to the workcomp company- their atty sent me a letter with an appt to see another doctor. I am not going as i already have 2 opinions regarding needing both surgeries and one of them is from their own medical department
so basically there is no decision from the commission--that was my question--is there a standard time line for them to release their decision or is it just whenever. like i said the website says 60days--i was just wondering if anyone knew if this is in fact the timeline of the illinois commission

thanks for your help


RE: commission decision - Bad Boy Bad Boy - 07-27-2010

As from what I know there isn't just one set date to give notice for this. I would like to say it will all be said at the next visit. That I do know is when I find this stuff out is always the next time there. I too am from Illinois. It's sad you haven't obtain those TTD checks yet. That is so crazy. Yes, I know RSD can't be found at time of injury, I agree and know it takes plenty of time for that to come up. I sure hope your attorney strikes a nerve soon.

RE: commission decision - fireball - 07-28-2010

bbbb thanks, but like i said, i nor ,my attorney has ever been to a hearing. he like i am waiting for either the website or mail to let us know of the decision. this is also how we found out about the trial decisionl

ur right the back ttd checks would alone pay off my house and all my bills. they did pay me and my medical bills for rsd for a year and a half it was only when the medical expenses started to rise(scs) did they start to say the rsd was not related to the injury. heck they even paid for the first scs. all the evidence i need is in my records and depositions which the commission has--just like the arbritrator
i just didnt know if like the first trial there was a deadline for an answer from the commission
have you ever heard of a workcomp company paying for all meds and not ttd?
they even had their medical department have a tele conference with my doctor to discuss the meds and treatment and came to the resolution all meds were needed and they would contine to pay for them as long as needed. we are talking around 3 grand a month
i know they were trying to send me to the new dr appt to have him say i did not need the upper stimulator. i refused to go because i am not recieving ttd and i already have my docs opinion and their medical department. they did pay for the first scs that is now broken.
my attorney is miffed by what they are doing saying if they thought they would win the case they could care less about my medical treatment so why send me a check to go see this doctor if they thought they would win this appeal
like everyone the workcomp companies make no since but i am more than grateful that my meds are paid for as there is no way i could pay for them

so being all that and we do not attend hearings yet wait for answers on the website or mail is there a CERTAIN length of time the commission has to render the decision (like the trial) or just whenever.

also since you are from il if i do win this appeal can they appeal without any weight against the evidence

as like all i have been in the system for years im not giving up have refused to take their petty settlements and will fight it to the end

am curious though as when you say you find answers out at your next hearing being that i have never been to one before should i be checking the date of the next one and making sure we go in case the decision is made and announced that day? i personaly have no idea how hearings work as i havent been to one

your a wealth of info and we all aprreciate you for that

let me know if you know any answers especially if the commission has a deadline



RE: commission decision - Bad Boy Bad Boy - 07-28-2010

Well, I thought I did answer your question. As I said it usually comes out (decission) at the next time the attorney's appear. As you said in June both attorneys had their 5 minutes in front of the commission. Not a whole bunch of time, but sounds like it was just the 60 or 90 day meeting.

They need to bring new evidence in, in order to appeal.

RE: commission decision - fireball - 07-28-2010

Bad Boy Bad Boy Wrote:Well, I thought I did answer your question. As I said it usually comes out (decission) at the next time the attorney's appear. As you said in June both attorneys had their 5 minutes in front of the commission. Not a whole bunch of time, but sounds like it was just the 60 or 90 day meeting.

They need to bring new evidence in, in order to appeal.

bbbb, I think we are on two different pages. like i said i have NOT been to any hearing neither has my attorney. we went right to trial. when they appealed NO new evidence was allowed (the appeal had to be based on all the evidence at the trial in which like i said all depositions of all doctors medical etc. was presented). After their attorney notified the commission they would be appealing-- their attorney wrote her brief to the commission as to why they should win and then my attorney submitted his. after that a date was set(not on a hearing date and it was not a hearing)by the commission to hear their final arguments.(the 5 -10 minutes is all the commission allows both of the attorneys) this has nothing to do with hearings. the illinois industrial commission website states that the commission has 60days to render a decision(to accept the arbritratrors decision or make changes) my attorney tells me it could be weeks or months

This is just like the trial--the arbritrator only had so long to make a ruling
decision dates on arbritrators decisions and commission decisions are not made on hearing dates.
neither attorney needs to appear again

I was just wondering if anyone knew for sure how long the commission had to make the decision

sorry for all the misunderstanding--like i said i think we were on two different pages or maybe i just did not explain throughly where i was at in the system


RE: commission decision - Bad Boy Bad Boy - 07-28-2010

Yes, you probable are correct, we can be on 2 different pages, and I'm really sorry for that. I have a good idea what your asking though. And from what I remember as I said the attorney's mostly find out that decission when they go in for the Status call, which is either 60 or 90 days. And I thought you said the 5 or 10 minute meeting to tell each others side was in June? Meaning you wouldn't know till Aug - or Sept on the decission. I say hearing when I should have been saying Status call, that's my mistake, and I am sorry.