City of Chicago v. Illinois Workers' Compensation Commission

JUSTICE ROBERT E. GORDON,

specially concurring:

I agree with the result reached by the majority, but I write separately to more fully address the issues raised by the parties.

In refusing to allow the employer to introduce into evidence Dr. Charles Slack’s September 6, 2004, report, the arbitrator, whose decision in this regard was adopted by the Commission, found that the “commencement of trial” in this matter began when the claimant’s treating physician was deposed on May 7, 2004. As Dr. Slack’s September 6, 2004, report was not tendered to the claimant until after the treating physician’s…