970 McHenry Avenue, Crystal Lake, IL 60014
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn

Crystal Lake law firm Botto Gilbert Lancaster, PC has successfully obtained a favorable ruling in a recent appeal of the case Adcock v. Illinois Workers' Compensation Comm'n, 2015 IL App (2d) 130884WC.

The McHenry County law firm of Botto Gilbert Lancaster, PC is pleased to announce a recent successful appellate decision obtained by Attorneys Francisco J. Botto and Alex C. Wimmer. Attorneys Botto and Wimmer represented the claimant David Adcock in the case Adcock v. Illinois Workers' Compensation Comm'n, 2015 IL App (2d) 130884WC.

According to court documents, Adcock testified that on May 10, 2010 he sat on a rolling chair that his employer, Knaak Manufacturing, provided in order to accommodate a medical condition with his right knee while performing work-related tasks. Adcock injured his left knee while working and he sought benefits under the Workers' Compensation Act. Adcock's employer argued that the injury he sustained did not "arise out of" his employment because the act of turning in a chair is one used in everyday life. The arbitrator found in favor of Adcock.

According to court documents, Knaak Manufacturing then appealed the arbitrator's decision to the Illinois Workers' Compensation Commission. The Commission reversed the arbitrator's decision and found that Adcock had failed to prove that the injury sustained was as a result of his employment. The Circuit Court of McHenry County affirmed the Commission's decision, so Adcock appealed to the Illinois Second District Appellate Court, which in turn, reversed the decision of the circuit court and reinstated the arbitrator's decision.

According to the appellate opinion, the majority held that Adcock had proved he was exposed to the neutral risk of turning in his chair to a greater degree than the general public. The appellate court agreed with the Commission that the act of turning in a chair was one of everyday life, but found Adcock's claim compensable because he was exposed to the risk at a higher degree based on his work-related tasks as a welder.

About Botto Gilbert Lancaster, PC:

The law firm of Botto Gilbert Lancaster, PC is located in Crystal Lake, Illinois. The McHenry County law firm handles a wide-range of legal matters pertaining to: workers' compensation, personal injury, family law, criminal law, real estate, and corporate law.

Botto Gilbert Lancaster, PC maintains a strong reputation across Northern Illinois as the veteran attorneys have earned recognitions from numerous legal organizations including: Super Lawyers, the Leading Lawyers Network, and the Million Dollar Advocates Forum. The firm works with individuals and businesses located in McHenry County, Cook County, DeKalb County, Boone County, Kane County and Winnebago County. Call 815-338-3838 or fill out the online contact form to schedule a free consultation to discuss your legal needs today.

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top