Court applies traveling employee exception to workers' compensation claimFebruary 2013Illinois Law Update, Page 72On December 6, 2012, the Illinois Appellate Court, Fourth District, held that a contractor could reasonably foresee that an employee would stay at a motel close to a job site when their home was 200 miles away, and thus the employee's injury while traveling from the motel to the worksite arose in the course of his employment for workers' comp purposes.
Borrowing employer's insurer not liable to Illinois Insurance Guaranty FundDecember 2012Illinois Law Update, Page 632On October 12, 2012, the first district appellate court held that a borrowing employer's workers' compensation insurer had no obligation to repay the Illinois Insurance Guaranty Fund ("Fund") for disbursements the Fund made to an injured employee when the lending employer's workers' compensation insurer became insolvent.
Definition of "service organization" includes safety inspectorsAugust 2012Illinois Law Update, Page 404On May 18, 2012, the first district of the Illinois Appellate Court clarified the meaning of a "service organization" as defined in section 5(a) of the Workers' Compensation Act's ("Act") exclusive remedy provision (820 ILCS 305/5(a)).
No mailbox rule under § 19(f)(1) of the Workers' Compensation ActMay 2012Illinois Law Update, Page 240The mailbox rule does not apply when determining whether the 20-day requirement for commencing an action under section 19(f)(1) of the Workers' Compensation Act is met.
Employer may not offset workers' compensation award with creditApril 2012Illinois Law Update, Page 184An employer may not offset a benefits award with an excess credit under § 19(g) of the Illinois Workers' Compensation Act, according to a February 2, 2012 Illinois Appellate Court ruling.
Unregistered employee leasing company retains protection of exclusive remedy provision of Workers' Compensation ActJanuary 2012Illinois Law Update, Page 16An injured employee cannot recover additional tort damages beyond the exclusive remedy of the Workers' Compensation Act merely because the defendant employee leasing company failed to comply with the registration requirement of the Employee Leasing Company Act, according to the fifth district appellate court.
Retaliatory-discharge claim against town not time-barred by Tort Immunity ActOctober 2011Illinois Law Update, Page 496On July 22, 2011, the 4th District Appellate Court reversed the lower court's decision granting the Town of Normal's motion to dismiss plaintiff Mary Collins' retaliatory-discharge claim. Since Collins' claim was brought under the Workers' Compensation Act, there is an exception to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), and her claim is not time-barred by the one-year statute of limitations in section 8-101(a).
Simple Answers for Construction Litigation QuestionsBy Joseph E. RubasDecember 2009Article, Page 630If you represent contractors and you're struggling to get a grip on indemnity, workers' comp liens, and Kotecki waiver issues, this article is for you.
The "Kotecki" Gap: No Insurance Coverage for Assumed LiabilityBy Christopher E. KentraFebruary 2008Article, Page 88Lawyers who represent manufacturers, insurers and others need to understand the Kotecki gap and the supreme court's ruling that most insurance policies don't cover it.
No release of workers' compensation claim where contrary to Illinois public policyNovember 2007Illinois Law Update, Page 576On August 22, 2007, the Illinois Appellate Court, Second District, reversed the order of the Circuit Court of Du Page County and held that the defendants, John and Kelly Van Cleve, were entitled to judgment as a matter of law.
Court shows great deference to commission's decisions in workers' compensation casesJune 2007Illinois Law Update, Page 292On March 22, 2007, the Illinois Supreme Court affirmed the appellate court's holding that the findings of the Illinois Industrial Commission (Commission) in a worker's compensation action were not against the manifest weight of the evidence.
A new, stricter test for independent contractor status?By Helen W. GunnarssonMay 2007Lawpulse, Page 230Has the Illinois Supreme Court embraced a test that makes it harder for employers to classify workers as independent contractors rather than employees and thus avoid employee-related taxes and other expenses?
Parent companies more vulnerable to suit for subsidiaries' tortsBy Helen W. GunnarssonApril 2007Lawpulse, Page 170Under the direct participant theory, recently adopted by the Illinois Supreme Court, a parent business that guides its subsidiary's activities may be liable for the subsidiary's torts.
Worker finds light at the end of the carpal tunnelBy Helen W. GunnarssonDecember 2006Lawpulse, Page 642The Illinois Supreme Court rules that for purposes of filing a timely workers' comp claim, the petitioner's carpal tunnel syndrome manifested on the day it was diagnosed, not the day she first experienced pain.
"In the course of employment" is the same as "in the line of duty"June 2006Illinois Law Update, Page 284On March 31, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding that a prior decision in a workers' compensation action collaterally estopped the defendant village from litigating the issue of causality in a Public Employee Disability Act (PEDA) action.
What's New in the Workers' Compensation Reform Act of 2005By Markham M. JeepJune 2006Article, Page 298A petitioners' lawyer looks at "utilization review," increased benefits, and other features of this comprehensive revamp of workers' compensation law and practice.
Award of medical expenses is "compensation" under the Workers' Compensation ActMarch 2006Illinois Law Update, Page 118On December 21, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding that an award of medical expenses was "compensation" under the Workers' Compensation Act (Act) and that the claimant was, therefore, entitled to interest on his award of medical expenses.
Workers' comp overhaulBy Helen W. GunnarssonJuly 2005Lawpulse, Page 330Proponents say that new revisions to the Workers' Comp Act will increase benefits, hold down costs, speed claims resolution, and reduce fraud.
The Illinois Workers' Compensation CommissionBy Helen W. GunnarssonDecember 2004Lawpulse, Page 614The Illinois Industrial Commission will get a new name to go with its new, more efficient approach to doing business, the chair says.
