Court Denies 19(b) Tolling if No Changed Circumstance

The Second District for the Illinois Court of Appeal, Workers' Compensation Division, ruled that where a claimant did not experience a change of circumstance warranting an increase pursuant to an original 19(h) petition, the statute of limitation is not tolled. In Behe vs. The Industrial Commission, No. 05--MR--48 (05/10/06) claimant was awarded 30% loss of the person as a whole by an arbitrator on April 30, 1997. On December 30, 1997, the commission modified the arbitrator's decision, increasing claimant's award to 50% loss of the person as a whole. On April 21, 1999, claimant filed a sec...