Source One Staffing v. IWCC

2026 IL App (1st) 242584WC
Appellate Court of Illinois·Decided January 16, 2026·No. 1-24-2584WC·Unpublished

Opinion

2026 IL App (1st) 242584WC-U No. 1-24-2584WC

Order filed January 16, 2026

NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

IN THE

APPELLATE COURT OF ILLINOIS FIRST DISTRICT

SOURCE ONE STAFFING, ) Appeal from the ) Circuit Court of

Appellant, ) Cook County )

v. ) No. 24L4548 )

)

THE ILLINOIS WORKERS’ COMPENSATION ) COMMISSION et al., ) Honorable ) Daniel P. Duffy,

(Ciro Servin Cabrera, Appellee). ) Judge Presiding.

JUSTICE CAVANAGH delivered the judgment of the court.

Presiding Justice Holdridge and Justices Mullen, Barberis, and Tailor concurred in the judgment.

ORDER

¶1 Held: The appellate court affirmed, finding the Illinois Workers’ Compensation Commission’s decision was not against the manifest weight of the evidence.

¶2 In November 2019, claimant, Ciro Servin Cabrera, filed an application for adjustment of claim pursuant to the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2018)), seeking benefits from his employer, Source One Staffing (employer), regarding injuries to his neck, back, and shoulders he sustained from an October 14, 2019, accident.

¶3 Following a May 2023 hearing, the arbitrator found claimant’s accidental injury

arose out of and in the course of his employment and his condition of ill-being was causally related to the October 14 accidental injury. The arbitrator found claimant was temporarily and totally disabled from November 4, 2019, through May 25, 2023, and therefore eligible for temporary and totally disability (TTD) benefits during said period. The arbitrator also found claimant was entitled to prospective medical care for a surgical procedure and related care, as recommended by his treating physician, Dr. Matthew Ross. On review, the Illinois Workers’ Compensation Commission (Commission) modified the arbitrator’s average weekly wage determination but otherwise affirmed and adopted the arbitrator’s findings. Upon judicial review, the circuit court of Cook County confirmed the Commission’s decision, finding it was neither contrary to law nor against the manifest weight of the evidence. On appeal, employer claims the Commission’s (1) ultimate decision, (2) causal finding, and (3) TTD award were against the manifest weight of the evidence because the Commission relied on the opinions of a physician who completely misunderstood the mechanism of injury.

¶4 I. BACKGROUND

¶5 A. Hearing Testimony

¶6 Claimant testified with the assistance of a Spanish interpreter at a hearing on May 25, 2023. He stated, on October 14, 2019, he worked for employer, an industrial staffing service, wherein he was performing work for Greco & Sons (who is not a party to this appeal), a distribution warehouse. He described his job as “pilling,” which required him to put pallets into various piles, ten pallets high, so a forklift could eventually move them. The only personal protective equipment he was required to wear was steel-toed shoes. On the date of the accident, at approximately 11 p.m., claimant recalled standing on a pallet when someone operating a “pallet jack” was “coming too fast” and hit the pallet. This caused him to lose his balance and fall forward into a stack of

pallets. The pallet jack continued moving and struck the pallet he was previously standing on, which caused him to fall to the ground. He stated he immediately felt pain in his chest and back. He stated his right shoulder became “twisted” and the right side of his head was against some pallets. He recalled remaining stuck in this position for “12 or 15 minutes,” until his supervisor arrived.

¶7 Claimant went to Saint Joseph Hospital at approximately 3 a.m., where he received x-rays and prescription medication before being discharged. He stated he continued to feel unwell and went to Physicians Immediate Care later that same day, wherein he received an “injection” behind his “left shoulder.” He was given work restrictions. On October 16, 2019, he visited Tyler Medical Services at the referral of employer. He remained on light-duty work and returned to Tyler Medical Services for several follow-up appointments.

¶8 On November 4, 2019, claimant visited Dr. Mukeshchandra Patel, who ordered him to take time off from work. He visited Dr. Ross on December 5, 2019, who continued to treat him through the date of the hearing. Dr. Ross ultimately recommended claimant undergo neck surgery. Dr. Ross also referred claimant to Dr. Steven Chudnik for issues related to his shoulders. Claimant recalled being examined by Dr. Thomas Stanley in January 2020 and Dr. Joshua Alpert in October 2021 at the request of the insurance company. Claimant stated he did not have any injuries to his neck, shoulders, head, or back prior to October 14, 2019. He stated he wanted to undergo the neck surgery recommended by Dr. Ross to alleviate the pain from the middle of his neck down to his lower back.

¶9 On cross-examination, claimant denied having any issues with his head, despite the fact his medical records referenced a “chronic infarct” in his brain. Claimant denied being involved in a “car accident.” The interpreter read into the record, in English, claimant’s written statement

from an employee accident report submitted after the accident. The report stated, “I was putting together pallets when a coworker was driving a pallet jack.

Accidentally, he hit the pallets. The pallets hit me on my feet, and I landed on top of the pallets *** Before I lost—before getting up, he went around with a pallet jack and then hit them again and I landed on the floor—and then I landed. I landed on the floor.”

In another section of the report, claimant wrote, “Before I lost, gotten up, the pallet jack turned around and hit them again, and I ended up on the floor. I hit on the right side of my body, arm, right arm, head. I had pain on my arm, on my right arm, pain in the head, and pain in my chest. I reported it to [my supervisor]. He gave me time to sit down to see if the pain will go away.

The pain got worse. I asked for an ambulance. I asked for an ambulance because I did not feel well to drive. He told me that they called the ambulance, but the ambulance never came, and he told me that they could not transport me, could not take me. I drove to Saint Joseph Hospital so they could see me, ER.”

¶ 10 B. Medical Records

¶ 11 1. Saint Joseph Hospital

¶ 12 Medical records from Saint Joseph Hospital from October 15, 2019, following the accident, showed claimant complained of torso and head pain. Triage notes show claimant stated he was “pushed by a fork lift driver” and fell backwards onto pallets before he lost his balance and fell forward onto pallets. The treating physician’s notes stated claimant complained of chest and back pain after he was “nudged and fell backwards and then forward to the right.” Claimant reported a “minor head injury, his leg was bent beneath him, and his right shoulder/arm was twisted

behind him.” The physician’s notes indicated no neck pain. Claimant complained of a mild headache but denied any numbness or weakness.

¶ 13 2. Physicians Immediate Care

¶ 14 Medical records from Physicians Immediate Care from October 15, 2019, showed claimant stated a forklift driver “hit him with some pallets 2 times,” which caused him to fall forward and then toward his right side. Claimant’s chief complaint was back pain, which he rated as 6 out of 10 for pain. He received a trigger point injection to his right scapula for pain. Claimant was diagnosed with minor strains to the muscles and tendons of the back wall of his thorax, shoulder, and upper left arm.

¶ 15 3. Tyler Medical Services

Free access — add to your briefcase to read the full text and ask questions with AI

Source One Staffing v. IWCC, 2026 IL App (1st) 242584WC (Ill. Ct. App. 2026).

2026 IL App (1st) 242584WC (Source One Staffing v. IWCC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Durand v. Industrial Commission
862 N.E.2d 918 (Illinois Supreme Court, 2006)
Berry v. Industrial Commission
459 N.E.2d 963 (Illinois Supreme Court, 1984)
Certi-Serve, Inc. v. Industrial Commission
461 N.E.2d 954 (Illinois Supreme Court, 1984)
Hosteny v. Illinois Workers' Compensation Commission
928 N.E.2d 474 (Appellate Court of Illinois, 2009)
Sisbro, Inc. v. Industrial Commission
797 N.E.2d 665 (Illinois Supreme Court, 2003)
Boyd Electric v. Dee
826 N.E.2d 493 (Appellate Court of Illinois, 2005)
Pietrzak v. INDUSTRIAL COMM'N OF ILLINOIS
769 N.E.2d 66 (Appellate Court of Illinois, 2002)
Long v. Industrial Commission
394 N.E.2d 1192 (Illinois Supreme Court, 1979)