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Kavonius v. Industrial Comm'n

Case Date: 06/06/2000
Court: Industrial Commission
Docket No: 2-98-0649WC

Kavonius v. IC, No. 2-98-0649WC

2nd District, 6 June 2000

Industrial Commission Division

GERALD KAVONIUS,

Appellee,

v.

THE INDUSTRIAL COMMISSION et al.

(Boise Cascade, Appellant).

 Appeal from the Circuit Court of Du Page County.

No. 95MR350

Honorable John W. Darrah, Judge, Presiding.

JUSTICE RARICK delivered the opinion of the court:

On June 11, 1999, this court issued an opinion in Kavonius v. Industrial Comm'n, 305 Ill. App. 3d 705, 713 N.E.2d 158 (1999), dismissing employer Boise Cascade's (Boise) appeal of an order of the circuit court of Du Page County confirming the Industrial Commission's (Commission) award of temporary total disability (TTD) benefits. Boise Cascade's appeal was dismissed for failure to substantially comply with the requirements of section 19(f)(1) of the Workers' Compensation Act (820 ILCS 305/19(f)(1) (West 1992)). Pursuant to its supervisory authority, our supreme court on February 28, 2000, remanded the cause to this court for further consideration in light of Jones v. Industrial Comm'n, 188 Ill. 2d 314, 721 N.E.2d 563 (1999). In accordance with the mandate of our supreme court, our prior opinion in Kavonius is hereby withdrawn and vacated, and the following opinion is issued.

Claimant, Gerald Kavonius, sought benefits pursuant to the Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 1994)), for injuries sustained while in the employ of Boise Cascade. Kavonius was employed as a warehouse worker and forklift operator.

On March 8, 1993, Kavonius sustained a back injury while lifting some cartons (case No. 94WC7063). On April 16, 1993, Kavonius sustained a second injury when he picked up a carton to put it on the conveyor (case No. 93WC40884). The arbitrator issued his decision on January 11, 1993. In both cases, the arbitrator found that Kavonius failed to prove that he sustained accidental injuries arising out of and in the course of employment. On March 5, 1995, the Industrial Commission (Commission) affirmed and adopted the decision of the arbitrator in both cases. Kavonius sought judicial review in case No. 93WC40884. On January 18, 1996, the circuit court of Du Page County reversed the Commission and remanded for further proceedings.

On January 17, 1997, the Commission, after an extensive review of the facts, found that Kavonius sustained an accidental injury arising out of and in the course of his employment on April 13, 1993. The Commission awarded Kavonius a total of 71