Jacobo v. Illinois Workers' Comp. Comm'n

45 Citing cases

  1. Mays v. Ill. Workers' Comp. Comm'n

    2016 Ill. App. 153487 (Ill. App. Ct. 2016)

    The burden is on the employer to justify the delay. Compass Group, 2014 IL App (2d) 121283WC, ¶ 38; Jacobo v. Illinois Workers' Compensation Comm'n, 2011 IL App (3d) 100807WC, ¶ 19. The employer has the burden of proving that its delay was "reasonable"; "[i]t is not good enough merely to assert an 'honest belief' that a claim is invalid or that an award is not supported by the evidence to avoid sanctions."

  2. Sw. Airlines v. Ill. Workers' Comp. Comm'n

    2016 Ill. App. 153126 (Ill. App. Ct. 2016)

    The burden is on the employer to justify the delay. Compass Group, 2014 IL App (2d) 121283WC, ¶ 38; Jacobo v. Illinois Workers' Compensation Comm'n, 2011 IL App (3d) 100807WC, ¶ 19. The employer has the burden of proving that its delay was "reasonable"; "[i]t is not good enough merely to assert an 'honest belief' that a claim is invalid or that an award is not supported by the evidence to avoid sanctions."

  3. Gerresheimer Glass, Inc. v. Ill. Workers' Comp. Comm'n

    2016 Ill. App. 143280 (Ill. App. Ct. 2016)

    The assessment of a penalty under section 19(l) is mandatory if the payment is late and the employer or its insurer cannot show an adequate justification for the delay. Jacobo v. Illinois Workers' Compensation Comm'n, 2011 IL App (3d) 100807WC, ¶ 20. The standard for determining whether an employer has "good and just cause" for a delay in payment is defined in terms of reasonableness.

  4. Dundee Twp. Park Dist. v. Ill. Workers' Comp. Comm'n

    2014 Ill. App. 2d 130150 (Ill. App. Ct. 2014)

    "A delay in payment of 14 days or more shall create a rebuttable presumption of unreasonable delay." Id. Penalties under section 19(l) are in the nature of a late fee. Jacobo v. Illinois Workers' Compensation Comm'n, 2011 IL App (3d) 100807WC, ¶ 20; Mechanical Devices v. Industrial Comm'n, 344 Ill. App. 3d 752, 763 (2003). Thus, "[i]f the payment is late, for whatever reason, and the employer or its carrier cannot show an adequate justification for the delay," the assessment of a penalty under section 19(l) is mandatory. McMahan v. Industrial Comm'n, 183 Ill. 2d 499, 515 (1998); Jacobo, 2011 IL App (3d) 100807WC, ¶ 20. ¶ 41 The standard for determining whether an employer has good and just cause for a delay in payment is defined in terms of reasonableness.

  5. Gilster Mary Lee Corp. v. Ill. Workers' Comp. Comm'n

    2013 Ill. App. 5th 120470 (Ill. App. Ct. 2013)

    "[T]he assessment of a penalty under section 19(l) is mandatory '[i]f the payment is late, for whatever reason, and the employer or its carrier cannot show an adequate justification for the delay.' " Jacobo v. Illinois Workers' Compensation Comm'n, 2011 IL App (3d) 100807WC, ¶ 19, 959 N.E.2d 772 (quoting McMahan v. Industrial Comm'n, 183 Ill. 2d 499, 515, 702 N.E.2d 545, 552 (1998)). "The standard for determining whether an employer has good and just cause for a delay in payment is defined in terms of reasonableness.

  6. Moore v. The Ill. Workers' Comp. Comm'n

    2023 Ill. App. 3d 220524 (Ill. App. Ct. 2023)

    The imposition of attorney fees under section 16 and penalties under section 19(k) are discretionary. 820 ILCS 305/16 (West 2012) (providing that the Commission "may" assess attorney fees in certain circumstances); 820 ILCS 305/19(k) (West 2012) (noting that the Commission "may" award additional compensation); Jacobo v. Illinois Workers' Compensation Comm'n, 2011 IL App (3d) 100807WC, ¶ 25. Hence, our review of the Commission's award of attorney fees and penalties under these statutory provisions involves a two-part analysis.

  7. Meyer v. Ill. Workers' Comp. Comm'n

    2016 Ill. App. 151549 (Ill. App. Ct. 2016)

    ¶ 46 Penalties under section 19(l) of the Act are in the nature of a fee for late payment. Jacobo v. Illinois Workers' Compensation Comm'n, 2011 IL App (3d) 100807WC, ¶ 20. Assessment of a penalty under section 19(l) is mandatory if the payment is late and the employeris unable to show adequate justification for the delay.

  8. Stanley v. Ill. Workers' Comp. Comm'n

    2016 Ill. App. 160143 (Ill. App. Ct. 2016)

    ¶ 58 Penalties under section 19(l) of the Act are in the nature of a fee for a late payment. Jacobo v. Illinois Workers' Compensation Commission, 2011 IL App (3d) 100807WC, ¶ 20. Assessment of a penalty under section 19(l) is mandatory if the payment is late and the employer is unable to show adequate justification for the delay. McMahan v. Industrial Comm'n, 183 Ill. 2d 499, 515 (1998).

  9. Urena v. Ill. Workers' Comp. Comm'n

    2016 Ill. App. 151613 (Ill. App. Ct. 2016)

    ¶ 33 Penalties under section 19(l) of the Act are in the nature of a fee for late payment. Jacobo v. Illinois Workers' Compensation Comm'n, 2011 IL App (3d) 100807WC, ¶ 20. Assessment of a penalty under section 19(l) is mandatory if the payment is late and the employer is unable to show adequate justification for the delay. McMahan v. Industrial Comm'n, 183 Ill. 2d 499, 515 (1998).

  10. Badillo v. Ill. Workers' Comp. Comm'n

    2015 Ill. App. 140564 (Ill. App. Ct. 2015)

    ¶ 51 "Penalties under section 19(l) are in the nature of a late fee" and are "mandatory '[i]f the payment is late, for whatever reason, and the employer or its carrier cannot show an adequate justification for the delay.' " Jacobo v. Workers' Compensation Comm'n, 2011 IL App (3d) 100807WC, ¶ 20, 959 N.E.2d 772 (quoting McMahan v. Industrial Comm'n, 183 Ill.2d 499, 515,702 N.E.2d 545, 552 (1998)).