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The Supreme Court of Illinois rules the chef's knee injury



The Illinois Supreme Court ruled on Thursday that a chef's knee injury, which he suffered while kneeling to look for a carrot, was compensable, revoking several previous court decisions that found in part that the injury was not work-related. [19659002] In 2014, sous chef Kevin McAllister was working at Chicago's North Pond restaurant to make his shift when another chef asked him to pick up a pan of carrots in the walk-in cooler. He went into the fridge and knelt to find his forehead. When he tried to stand up again, he felt his right knee "pop" and could not straighten his leg, which led his boss to take him to the hospital emergency room, according to the events that crowned Kevin McAllister against Illinois Workers & # 39; Compensation. Commission et al., filed in Springfield.

The injury resulted in surgery, which McAllister paid for himself, according to documents. Six weeks later, he returned to full-time work without restrictions. He later testified that the job usually required him to stand on his feet for nine to 1

5 hours a day, which made his right leg feel sore and required him to take ibuprofen or aspirin for pain several times a week, according to documents. [19659002] Mr. McAllister claimed compensation for an employee and an arbitrator awarded him disability benefits and medical expenses and found that the information that caused his injury was work-related. The Illinois Workers & # 39; Compensation Commission reversed the decision and found that the injury did not "arise from" McAllister's employment because the task "was exposed to a neutral risk that had no special employment or personal characteristics," according to documents. [19659002] In further appeals, a circular court and a state appellate court agreed with the assessment "neutral risk".

The Supreme Court of Justice reversed and wrote that McAllister's knee injury "was employment-related because it was caused by kneeling and standing while assisting a colleague's search for carrots in a chill – acts that were temporary and causal to the complainant's work as a walk-in organizer. the cooler.

The Supreme Court also argued that 'the Commission's conclusion – that the plaintiff's act of kneeling and standing looking for a misplaced carrot was unrelated to his employment – is contrary to the obvious weight of the evidence in the minutes.

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