A truck driver who had contested a portion of his workers’ compensation award tried to get a court to order his employer to pay him the parts of the award that were not currently being contested, however the courts denied him, saying that if any part of an award was under review then none of it could be paid out until the reviews were finalized.

Mark Reed worked as a truck driver for TH Ryan Cartage Co. and L & D Drivers Services, Inc. and was in an accident on August 12, 2004. He filed a workers’ comp claim and received an award for his medical expenses and temporary total disability based on his wages. His employers filed a petition to review and the case was pending in the circuit court just for the determination of Reed’s wages as they were applied to temporary total disability, they did not contest his medical expense award in the circuit court.

While the circuit court was reviewing that part of his claim Reed filed a complaint in the circuit court asking that he receive his award for medical expenses. His employers contested this, saying that while judicial review was still pending enforcement proceedings were not allowed under section 19(g) of the Workers’ Compensation Act. They said asking for enforcement of one part of his award was premature, and they filed a motion for sanctions against Reed saying that he violated rules of the court by bringing this enforcement request.

The circuit court decided that sanctions were not appropriate and denied that request. They also dismissed Reed’s application for enforcement because the whole award must be finalized before the worker can ask the courts to demand payment from the payer.

The Illinois District Appellate Court agreed with the circuit court’s two decisions. They did not enact sanctions. While the appellate court acknowledged that Reed was likely frustrated and had now been waiting a few years for his award, under the law employers have the right to have the review settled before they pay liability.