Legal Question in Workers Comp in Illinois
Remand Order
I am wondering whether I would have any
recourse to the following situation.
On April 30, 1997 my workers' compensation case was remanded by the Circuit Court judge back to the Illinois Industrial Commission. My case was closed by the court clerk and was not remanded as ordered by the jugde until December of 1997.
The court clerk claims the judge instructed her to close the file when she questioned the remand order in the docket entry on several occassions.
My attorney claims "new" help at the courthouse was unfamiliar with the meaning of "remand"
After doing some "leg work" on my own, I sent the case record to the Illinois Industrial Commission and my case was then docketed for further review. At which time, my attorney was quite surprised to see this case on the docket.
My case has been longstanding (92) and delays such as these are causing a great financial burden to myself as I am permanently and totally disabled due to injury. Arbitration rendered life time benefits (PTD) in January 1999, which is pending review by the IIC per Respondent.
Any suggestions will be greatly appreciated with this matter.
1 Answer from Attorneys
Re: Remand Order
As I understand your situation, you have an attorney who apparently is familiar with the Work Comp system as he was successful in getting you a permanent total disability award. On that alone, it seems that you have to trust him. Delays in the court systems are not unusual although yours does seem a little bit long. But it is your employer, acting through the insurance company, that is delaying your case in hopes of getting some reversal in your decision or getting you to settle the case so that they are done with you. Insurance companies do use such tactics and do not care how long you wait. But you have to fight your way through the system and let your lawyer handle the matter. Good luck.
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