Hagene v. Derek Polling Construction

              1
NOTICE
Decision filed 02/24/09. The text of
this dec ision may be changed or
corrected prior to the filing of a
Petition for Rehea ring or the
disposition of the same.
NO. 5-07-0225
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
________________________________________________________________________
THOMAS HAGENE, ) Appeal from the
) Circuit Court of
Petitioner-Appellant, ) Perry County.
)
v. ) No. 07-MR-2
)
DEREK POLLING CONSTRUCTION, ) Honorable
) James W. Campanella,
Respondent-Appellee. ) Judge, presiding
________________________________________________________________________
JUSTICE CHAPMAN delivered the opinion of the court:
The petitioner appeals an order of the trial court dismissing his petition to enter a
judgment in accordance with a final decision of the Industrial Commission pursuant to
section 19(g) of the Illinois Workers' Compensation Act (820 ILCS 305/19(g) (West 2006)).
He filed this petition after agreeing to a lump-sum settlement with the respondent. The
settlement indicated that the respondent had paid all the petitioner's medical bills; however,
three past medical bills remained unpaid. The petitioner argues on appeal that the court
erroneously found that the lump-sum settlement relieved the respondent of its obligation to
pay his outstanding past medical bills. We reverse.
On June 16, 2003, the petitioner, Thomas Hagene, was injured in a work-related
accident when he fell from the scaffolding at a construction site. As a result of the accident,
he suffered injuries affecting his left arm and shoulder (requiring surgery), right leg, and
lumbar spine. He received temporary total disability benefits for a period of 39 weeks, and
then he returned to work.
On July 5, 2005, arbitrator John Dibble approved a workers' compensation lump-sum