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ILLINOIS WORKERS’ COMPENSATION COMMISSION
DECISION SIGNATURE PAGE
Case Number 17WC023802
Case Name KREILBACH, EDWIN v.
ADVANCED DISPOSAL SERVICES
Consolidated Cases
Proceeding Type Petition for Review
Decision Type Commission Decision
Commission Decision Number 21IWCC0255
Number of Pages of Decision 15
Decision Issued By Deborah Simpson, Commissioner
Petitioner Attorney Joshua Rudolfi
Respondent Attorney Jack Shanahan
DATE FILED: 5/28/2021
/s/ Deborah Simpson, Commissioner
Signature
17 WC 23802
Page 1
STATE OF ILLINOIS ) Affirm andadopt (no changes) InjuredWorkers’Benefit Fund(§4(d))
) SS. Affirm with changes Rate Adjustment Fund(§8(g))
COUNTY OF KANE ) Reverse Second Injury Fund (§8(e)18)
PTD/Fataldenied
Modify (TTD) None of the above
BEFORE THE ILLINOIS WORKERS’ COMPENSATION COMMISSION
EDWIN KREILBACH,
Petitioner,
vs. NO: 17 WC 23802
ADVANCED DISPOSAL SERVICES, INC.,
Respondent.
DECISION AND OPINION ON REVIEW
Timely Petition for Review having been filed by Respondent herein and notice given to all
parties, the Commission, after considering all issues, and being advised of the facts and law,
modifies the Decision of the Arbitrator as stated below and otherwise affirms and adopts the
Decision of the Arbitrator, which is attached hereto and made a part thereof.
The Commission hereby incorporates by reference the findings of fact contained in the
Decision of the Arbitrator. However, following a careful review of the entire record, the
Commission modifies the award of temporary total disability benefits to begin on July 25, 2017,
as opposed to July 24, 2017,pursuant to the Request for Hearing form.
On the RequestforHearingform,which wasadmitted into evidenceasArbitrator’sExhibit
1, Petitioner claimed entitlement to temporary total disability benefits from July 25, 2017 through
July 10, 2018. Respondent disputed this period and claimed that Petitioner was entitled to
temporary total disability benefits only from July 25, 2017 through January 26, 2018. Although
there was a dispute as to the date benefits should end, both parties stipulated that the period of
temporary totaldisability began on July 25,2017. Assuch,the Commission modifiesthe Decision
of the Arbitrator to award temporary total disability benefits commencing on July 25, 2017.
After July 25, 2017, Petitioner’s treating doctors kept him on either light duty or off-work
restrictions through July 10, 2018, at which time Dr. Peter Lee returned Petitioner to full duty
work. The Commission thusawardstemporarytotaldisability benefitsfromJuly 25,2017through
July 10, 2018, because Petitioner remained under work restrictions for his causally related lumbar
21IWCC0255
17 WC 23802
Page 2
and/or thoracic spine conditions that could not be accommodated by Respondent for that period.
The Commission modifies the Decision of the Arbitrator accordingly. In all other aspects, the
Commission affirms and adopts the Decision of the Arbitrator.
IT IS THEREFORE ORDERED BY THE COMMISSION that the Decision of the
Arbitrator filed December 27, 2019, is modified as stated herein. The Decision of the Arbitrator
is otherwise affirmed and adopted.
IT IS FURTHER ORDERED that Respondent shall pay temporary total disability benefits
to Petitioner in the sum of $1,078.46 per week for 50 weeks, commencing July 25, 2017 through
July 10, 2018, as provided in §8(b) of the Illinois Workers’ Compensation Act. Respondent shall
be given a credit of $30,498.85 for temporary total disability benefits that have been paid.
IT IS FURTHER ORDERED that Respondent pay to Petitioner interest pursuant to §19(n)
of the Act, if any.
IT IS FURTHER ORDERED that Respondent shall receive a credit for all amounts paid,
if any, to or on behalf of Petitioner on account of said accidental injury.
Bond for the removal of this cause to the Circuit Court by Respondent is hereby fixed at
the sum of $75,000.00.The party commencing the proceedings for review in the Circuit Court
shall file with the Commission a Notice of Intent to File for Review in Circuit Court.
/s/Deborah L. Simpson
Deborah L. Simpson
/s/Stephen J. Mathis
Stephen J. Mathis
DLS/met
O: 4/7/21 /s/Deborah J. Baker
46 Deborah J. Baker
21IWCC0255
MAY 28, 2021
21IWCC0255
21IWCC0255
21IWCC0255
21IWCC0255
21IWCC0255
21IWCC0255
21IWCC0255
21IWCC0255
21IWCC0255
21IWCC0255
21IWCC0255
21IWCC0255

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Josh Rudolfi Helps Garbage Truck Driver Gain Workers' Compensation Benefits

  • 1. ILLINOIS WORKERS’ COMPENSATION COMMISSION DECISION SIGNATURE PAGE Case Number 17WC023802 Case Name KREILBACH, EDWIN v. ADVANCED DISPOSAL SERVICES Consolidated Cases Proceeding Type Petition for Review Decision Type Commission Decision Commission Decision Number 21IWCC0255 Number of Pages of Decision 15 Decision Issued By Deborah Simpson, Commissioner Petitioner Attorney Joshua Rudolfi Respondent Attorney Jack Shanahan DATE FILED: 5/28/2021 /s/ Deborah Simpson, Commissioner Signature
  • 2. 17 WC 23802 Page 1 STATE OF ILLINOIS ) Affirm andadopt (no changes) InjuredWorkers’Benefit Fund(§4(d)) ) SS. Affirm with changes Rate Adjustment Fund(§8(g)) COUNTY OF KANE ) Reverse Second Injury Fund (§8(e)18) PTD/Fataldenied Modify (TTD) None of the above BEFORE THE ILLINOIS WORKERS’ COMPENSATION COMMISSION EDWIN KREILBACH, Petitioner, vs. NO: 17 WC 23802 ADVANCED DISPOSAL SERVICES, INC., Respondent. DECISION AND OPINION ON REVIEW Timely Petition for Review having been filed by Respondent herein and notice given to all parties, the Commission, after considering all issues, and being advised of the facts and law, modifies the Decision of the Arbitrator as stated below and otherwise affirms and adopts the Decision of the Arbitrator, which is attached hereto and made a part thereof. The Commission hereby incorporates by reference the findings of fact contained in the Decision of the Arbitrator. However, following a careful review of the entire record, the Commission modifies the award of temporary total disability benefits to begin on July 25, 2017, as opposed to July 24, 2017,pursuant to the Request for Hearing form. On the RequestforHearingform,which wasadmitted into evidenceasArbitrator’sExhibit 1, Petitioner claimed entitlement to temporary total disability benefits from July 25, 2017 through July 10, 2018. Respondent disputed this period and claimed that Petitioner was entitled to temporary total disability benefits only from July 25, 2017 through January 26, 2018. Although there was a dispute as to the date benefits should end, both parties stipulated that the period of temporary totaldisability began on July 25,2017. Assuch,the Commission modifiesthe Decision of the Arbitrator to award temporary total disability benefits commencing on July 25, 2017. After July 25, 2017, Petitioner’s treating doctors kept him on either light duty or off-work restrictions through July 10, 2018, at which time Dr. Peter Lee returned Petitioner to full duty work. The Commission thusawardstemporarytotaldisability benefitsfromJuly 25,2017through July 10, 2018, because Petitioner remained under work restrictions for his causally related lumbar 21IWCC0255
  • 3. 17 WC 23802 Page 2 and/or thoracic spine conditions that could not be accommodated by Respondent for that period. The Commission modifies the Decision of the Arbitrator accordingly. In all other aspects, the Commission affirms and adopts the Decision of the Arbitrator. IT IS THEREFORE ORDERED BY THE COMMISSION that the Decision of the Arbitrator filed December 27, 2019, is modified as stated herein. The Decision of the Arbitrator is otherwise affirmed and adopted. IT IS FURTHER ORDERED that Respondent shall pay temporary total disability benefits to Petitioner in the sum of $1,078.46 per week for 50 weeks, commencing July 25, 2017 through July 10, 2018, as provided in §8(b) of the Illinois Workers’ Compensation Act. Respondent shall be given a credit of $30,498.85 for temporary total disability benefits that have been paid. IT IS FURTHER ORDERED that Respondent pay to Petitioner interest pursuant to §19(n) of the Act, if any. IT IS FURTHER ORDERED that Respondent shall receive a credit for all amounts paid, if any, to or on behalf of Petitioner on account of said accidental injury. Bond for the removal of this cause to the Circuit Court by Respondent is hereby fixed at the sum of $75,000.00.The party commencing the proceedings for review in the Circuit Court shall file with the Commission a Notice of Intent to File for Review in Circuit Court. /s/Deborah L. Simpson Deborah L. Simpson /s/Stephen J. Mathis Stephen J. Mathis DLS/met O: 4/7/21 /s/Deborah J. Baker 46 Deborah J. Baker 21IWCC0255 MAY 28, 2021