The determination of whether those exceptions apply is generally a question of fact to be resolved by the IWCC. See Bolingbrook Police Department v. Illinois Workers' Compensation Comm'n, 2015 IL App (3d) 130869WC, ¶ 38 (recognizing that the determination of whether an injury arose out of and in the course of the worker's employment is generally a question of fact for the IWCC to decide). ¶ 16 In addition to workers' compensation, we must also be mindful in resolving this appeal of the legal principles that apply to the doctrine of judicial estoppel—the primary basis upon which plaintiff asserts that defendant's motion to dismiss in this case should have been denied.
However, the Commission is charged with assessing the credibility of the witnesses, resolving conflicts in the evidence, assigning weight to be accorded the evidence, and drawing reasonable inferences from the evidence. Bolingbrook Police Department v. Illinois Workers' Compensation Comm'n , 2015 IL App (3d) 130869WC, ¶ 52, 400 Ill.Dec. 392, 48 N.E.3d 679. The Commission weighed the evidence and determined that claimant was presented with a bona fide job offer for the watchman position. This finding is supported by the testimony of Pak and Misch. This finding is also supported by the fact that claimant informed both Dr. Maday and Boyd that he had been offered a watchman position.¶ 77 Claimant argues that further proof that he was not offered a watchman job is that respondent continued to pay him full maintenance benefits until May 2012, about nine months after the job offer was allegedly made.
¶ 34 "As a general rule, the question of whether an employee's injury arose out of and in the course of his employment is one of fact for the Commission." Bolingbrook Police Department v. Workers' Compensation Comm'n, 2015 IL App (3d) 130869WC, ¶ 38, 48 N.E.3d 679. "With respect to factual matters, it is within the province of the Commission to judge the credibility of the witnesses, resolve conflicts in the evidence, assign weight to be accorded the evidence, and draw reasonable inferences therefrom." Id.; see also Land & Lakes Co. v. Industrial Comm'n, 359 Ill. App. 3d 582, 592, 834 N.E.2d 583, 592 (2005) ("It is the Commission's duty to resolve conflicts in the evidence, particularly medical opinion evidence.").
¶ 35 "As a general rule, the question of whether an employee's injury arose out of and in the course of his employment is one of fact for the Commission." Bolingbrook Police Department v. Workers' Compensation Comm'n, 2015 IL App (3d) 130869WC, ¶ 38, 48 N.E.3d 679. "In resolving questions of fact, it is within the province of the Commission to assess the credibility of witnesses, resolve conflicts in the evidence, assign weight to be accorded the evidence, and draw reasonable inferences from the evidence." Hosteny v. Workers' Compensation Comm'n, 397 Ill. App. 3d 665, 674, 928 N.E.2d 474, 482 (2009).
On review, the Commission's factual findings will not be disturbed unless they are against the manifest weight of the evidence. Bolingbrook Police Department v. Illinois Workers' Compensation Comm'n, 2015 IL App (3d) 130869WC, ¶ 38, 48 N.E.3d 679. "A decision is against the manifest weight of the evidence only if an opposite conclusion is clearly apparent." Bolingbrook Police Department, 2015 IL App (3d) 130869WC, ¶ 38, 48 N.E.3d 679.
Whether a causal relationship exists between a claimant's employment and his or her condition of ill-being is a question of fact. Certi-Serve, Inc. v. Industrial Comm'n, 101 Ill.2d 236, 244 (1984); Bolingbrook Police Department v. Illinois Workers' Compensation Comm'n, 2015 IL App (3d) 130869WC, ¶ 52. It is the function of the Commission to decide questions of fact, judge the credibility of witnesses, and resolve conflicts in the evidence.
Likewise, whether a causal relationship exists between a claimant's employment and his or her condition of ill-being is a question of fact for the Commission. Bolingbrook Police Department v. Illinois Workers' Compensation Comm'n, 2015 IL App (3d) 130869WC, ¶ 52. In resolving questions of fact, it is the function of the Commission to assess the credibility of witnesses, resolve conflicts in the evidence, assign weight to be accorded the evidence, and draw reasonable inferences from the evidence.
¶ 42 Whether a causal relationship exists between a claimant's employment and his or her condition of ill-being is a question of fact. Certi-Serve, Inc. v. Industrial Comm 'n, 101 Ill.2d 236, 244 (1984); Bolingbrook Police Department v. Illinois Workers' Compensation Comm 'n, 2015 IL App (3d) 130869WC, ¶ 52. It is the function of the Commission to decide questions of fact, judge the credibility of witnesses, and resolve conflicts in the evidence.
Whether a causal relationship exists between a claimant's employment and his or her condition of ill-being is a question of fact. Certi-Serve, Inc. v. Industrial Comm 'n, 101 Ill.2d 236, 244 (1984); Bolingbrook Police Department v. Illinois Workers' Comp. Comm'n, 2015 IL App (3d) 130869WC, ¶ 52. Whether a claimant has established the requisite causal connection between his current injuries and an industrial accident is a question of fact for the Commission to determine, and that determination will not be overturned on appeal unless it is against the manifest weight of the evidence.
Whether a causal relationship exists between a claimant's employment and his or her condition of ill-being is a question of fact. Certi-Serve, Inc. v. Industrial Comm'n, 101 Ill.2d 236, 244 (1984); Bolingbrook Police Department v. Illinois Workers' Compensation Comm'n, 2015 IL App (3d) 130869WC, ¶ 52. It is the function of the Commission to decide questions of fact, judge the credibility of witnesses, and resolve conflicts in the evidence.