from the Circuit Court of Kane County, No. 16-MR-751; the
Hon. David R. Akemann, Judge, presiding.
Michael B. Lulay, of Lulay Law Offices, of Naperville, for
A. Maciorowski and Jeffrey T. Rusin, of Rusin &
Maciorowski, Ltd., of Chicago, for appellee.
JUSTICE HARRIS delivered the judgment of the court, with
opinion. Presiding Justice Holdridge and Justices Hoffman,
Hudson, and Overstreet concurred in the judgment and opinion.
1 On September 10, 2007, claimant, Rocio Perez, filed an
application for adjustment of claim pursuant to the
Workers' Compensation Act (Act) (820 ILCS 305/1 to 30
(West 2006)), seeking benefits from the employer, TFN Inc.
Following a hearing, the arbitrator determined claimant's
condition of ill-being in her left knee was not causally
connected to her work accident on June 19, 2007.
2 In May 2012, the Illinois Workers' Compensation
Commission (Commission) affirmed the arbitrator's
decision. On judicial review, in January 2013, the circuit
court of Kane County confirmed the Commission's decision.
In March 2014, this court reversed the circuit court's
decision, finding that (1) the Commission abused its
discretion in admitting the causation opinions of the
employer's independent medical expert and (2) the
Commission's finding that claimant failed to meet her
burden of proving that her conditions of ill-being were
causally connected to a workplace accident was against the
manifest weight of the evidence. See Perez v. Illinois
Workers' Compensation Comm'n, 2014 IL App (2d)
3 In March 2015, the Commission issued a decision on remand,
awarding 43/7 weeks' temporary total disability (TTD)
benefits and $288 per week for a period of 43 weeks for the
loss of use of claimant's left leg. The Commission also
ordered the employer to pay claimant's medical expenses
in accordance with sections 8(a) and 8.2(e) of the Act,
without specifying the amount. 820 ILCS 305/8(a), 8.2(e)
(West 2006). In November 2015, the circuit court of Kane
County entered an order remanding the matter to the
Commission to determine the amount owed for medical expenses.
4 In June 2016, the Commission issued a decision on remand,
ordering the employer to pay $17, 857.96 for medical expenses
under sections 8(a) and 8.2(e) of the Act (820 ILCS 305/8(a),
8.2(e) (West 2006)), representing the total amount of $17,
597.86 paid by claimant's husband's health insurance
provider under its group health insurance plan "and
deductibles/copays of $260.00." On judicial review, in
January 2017, the circuit court of Kane County affirmed the
Commission's decision. Claimant appeals.
5 We affirm.
6 I. BACKGROUND
7 At arbitration, claimant, the assistant manager at a
Wendy's restaurant, testified she sustained a workplace
injury in her left knee when she slipped and fell on a wet
floor on June 19, 2007. She subsequently underwent medical
treatment, including physical therapy and surgery, for a
lateral meniscal tear in her left knee.
8 Claimant testified that her medical expenses were either
paid by Cigna, her then husband's medical insurance
carrier, or paid out-of-pocket. The employer submitted an
exhibit listing medical payments made by Cigna, showing
payments of $17, 597.96 and copayments of $260. On April 4,
2011, the parties entered into a stipulation, reflecting fee
schedule amounts for claimant's medical services, which
totaled $37, 767.32, but with the caveat that "[the
employer] disputes the fee schedule is the appropriate basis
for calculating [the] amount of medical, if
9 On April 25, 2011, the arbitrator issued a decision,
finding claimant's condition of ill-being in her left
knee was not causally connected to her work accident on June
19, 2007. The Commission affirmed the arbitrator's
decision. On ...