10 Jul 2024

Following a finding by the Arbitrator that Petitioner was in an accident that arose out of and the course of his employment (and an award of Total Temporary Disability (TDD) benefits incurred, prospective medical benefits, and assessment of penalties and fees against the employer), IFMK Law Attorney Colin Mills successfully argued the claim on appeal before the Commission which reversed the arbitration decision in a unanimous 3-0 sweep. 

Petitioner was employed as a delivery driver and was assaulted while making deliveries on his route. His injuries included but were not limited to head trauma, missing teeth, and PTSD.  Using video evidence Mills was able to call the claimant’s credibility into question and establish that the claimant was the aggressor in the altercation (and not acting as a “Good Samaritan” as the Arbitrator was led to believe). The Commission held that there was no dispute that Petitioner was a traveling employee at the time of the incident. Therefore, the case turned on whether the altercation arose out of Petitioner’s employment. The Commission found the extensive video evidence overwhelmingly persuasive in this matter. Upon review of the totality of the evidence, including the video evidence, the Commission found that the incident was the result of Petitioner’s own rashness and aggression in response to the irregular driving of another driver. 

The case has been reviewed by Petitioner to the Circuit Court of Kane County and is on its way to being heard by the Appellate Court.