Publications

Illinois Bar Journal
Articles on Workers Compensation

The Benefits of Settling Workers’ Compensation and Employment Claims Together By Mark Wilkinson and Susan Garver July 2014 Article, Page 340 Settling workers' compensation and employment-related claims together can benefit both employers and workers, but it takes careful planning to make it work.
The Mailbox Rule and Workers’ Comp: A Better Route for Circuit Court Review By Brad A. Elward December 2013 Article, Page 632 The Illinois Supreme Court recently applied the mailbox rule to filings for circuit-court review of Workers' Compensation Commission rulings. Here's what it means.
Workers’ Comp and Temporary or ‘Borrowed’ Workers By James P. Looby August 2013 Article, Page 426 With more employers turning to staffing agencies, determining who the real employer is and isn't - and thus whom the worker might be able to sue in civil court - is trickier than ever.
Court applies traveling employee exception to workers’ compensation claim February 2013 Illinois Law Update, Page 72 On 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 Fund December 2012 Illinois Law Update, Page 632 On 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 inspectors August 2012 Illinois Law Update, Page 404 On 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 Act May 2012 Illinois Law Update, Page 240 The 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 credit April 2012 Illinois Law Update, Page 184 An 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 Act January 2012 Illinois Law Update, Page 16 An 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 Act October 2011 Illinois Law Update, Page 496 On 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).
The 2011 Rewrite of the Illinois Workers’ Compensation Act By Richard D. Hannigan August 2011 Article, Page 400 Make no mistake, this is not the workers' comp act you knew two months ago. This article highlights key changes.
2011 Spring Session Legislative Roundup By Jim Covington August 2011 Column, Page 392 A summary of key legislation from this year's session.
Employer can be required to continue paying temporary total disability benefits after termination of claimant’s employment April 2010 Illinois Law Update, Page 180 On January 22, 2010, on an issue of first impression, the Illinois Supreme Court reversed a decision of the Illinois Appellate Court, Third District, and reinstated a decision of the Workers' Compensation Commission (WCC).
Temporarily totally disabled workers entitled to benefits till they improve By Helen W. Gunnarsson March 2010 Lawpulse, Page 122 Employers must pay TTD to injured workers until they get better, the Illinois Supreme Court rules - even if those workers were fired for cause.
Simple Answers for Construction Litigation Questions By Joseph E. Rubas December 2009 Article, Page 630 If 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.
Retalitory discharge: local governments not immune under Workers’ Comp Act By Helen W. Gunnarsson November 2008 Lawpulse, Page 548  Public employees can sue for being fired in retaliation for filing a workers' comp claim, the Illinois Supreme Court holds.
Correspondence from Our Readers April 2008 Column, Page 170 The Kotecki gap; the perils of forms; the conscience of a lawyer. 
The “Kotecki” Gap: No Insurance Coverage for Assumed Liability By Christopher E. Kentra February 2008 Article, Page 88 Lawyers 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 policy November 2007 Illinois Law Update, Page 576 On 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 cases June 2007 Illinois Law Update, Page 292 On 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. Gunnarsson May 2007 Lawpulse, Page 230 Has 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’ torts By Helen W. Gunnarsson April 2007 Lawpulse, Page 170 Under 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 tunnel By Helen W. Gunnarsson December 2006 Lawpulse, Page 642 The 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.
Employers’ Tort Liability for Employees’ Injuries: A Primer By Jennifer E. Simms November 2006 Article, Page 602 An overview of the interplay between the workers' comp and contribution statutes and the cases interpreting them.
“In the course of employment” is the same as “in the line of duty” June 2006 Illinois Law Update, Page 284 On 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 2005 By Markham M. Jeep June 2006 Article, Page 298 A 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 Act March 2006 Illinois Law Update, Page 118 On 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 overhaul By Helen W. Gunnarsson July 2005 Lawpulse, Page 330 Proponents 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 Commission: More Than a New Name By David L. Montenegro March 2005 Article, Page 138 Seven additional arbitrators and an accelerated trial cycle will make the agency more efficient and expeditious.
The Illinois Workers’ Compensation Commission By Helen W. Gunnarsson December 2004 Lawpulse, Page 614 The Illinois Industrial Commission will get a new name to go with its new, more efficient approach to doing business, the chair says.