Illinois Bar Journal

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Articles on Workers Compensation

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.
Correspondence from Our Readers February 2004 Column, Page 58 Don't forget the court's citation rules.
Avoiding the Medicare Trap: Workers’ Comp and Medicare Secondary-Payer Regs By Brad E. Bleakney, B December 2003 Article, Page 604 Drafters of settlement agreements beware: you must account for Medicare's lien.
The Exception Makes the Rule: Liens on Workers’ Comp Claims By Michael S. Feist December 2003 Article, Page 627 The rule is that workers' comp claims aren't subject to liens. The exceptions are many.
Recovering Penalty Awards and Attorney Fees Under the Workers’ Compensation Act By Michelle D. Porro December 2003 Article, Page 610 Has a carrier unreasonably delayed payment to your client? This article reviews penalties and fee-award options.
In claim for workers’ compensation, Industrial Commission’s award of payments must be upheld if based upon sufficient evidence that a work-related injury was responsible for aggravating or accelerating claimant’s preexisting condition August 2003 Illinois Law Update, Page 384 On May 22, 2003, the Illinois Supreme Court upheld the Industrial Commission's award of temporary total disability payments on a workers' compensation claim.
Retaliatory discharge protection extends to employees testifying in other employees’ workers’ compensation actions; scope of employment approach proper test for hearsay June 2003 Illinois Law Update, Page 280 On March 25, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County granting summary judgment for the defendant corporation.
Code of Civil Procedure § 2-1117 can limit defendant’s several liability to only nonmedical damages even if plaintiff’s employer exempt from liability under Workers’ Compensation Act February 2003 Illinois Law Update, Page 62 On November 21, 2002, the Illinois Supreme Court held that the appellate court properly applied § 2-1117 of the Code of Civil Procedure, 735 ILCS 5/2-1117.
Recovering Lost Earning Capacity Under the Workers’ Compensation Act By Douglas Rallo July 2002 Article, Page 348 A detailed guide to helping clients recover for lost income or earning capacity under section 8(d)(1) of the Workers' Comp Act.
In workers’ compensation suit, claimant not required to show that his stress exceeded the stress of coworkers June 2002 Illinois Law Update, Page 288 On March 15, 2002, the Illinois Supreme Court reversed the appellate court in holding that, in a suit to recover workers' compensation benefits.
The Latest on Liens: An Illinois Tort Lawyer’s Guide By Edward W. McNabola and Kevin E. O’Reilly March 2002 Article, Page 124 Liens can consume clients' recovery and decrease their willingness to settle. Here's a fresh look at the law.
Legislation provides penalties for employers failing to comply with self-insurance requirements of the Workers’ Compensation Act P.A. 92-324 February 2002 Illinois Law Update, Page 66 Legislation signed into law in August by Gov. Ryan amends the Workers' Compensation Act by providing that a minimum civil penalty of $10,000 will be assessed against any employer, service or adjustment company, or insurance carrier that fails to comply with the self-insurance provisions of the Workers' Compensation Act.
The Lawyer’s Journal By Bonnie C. McGrath September 2001 Column, Page 450 Two years and time's up for legal malpractice; nightshift-assignment doesn't constitute sex discrimination; and more.
Proper computation of average weekly wage for seasonal construction worker does not penalize for days not worked due to conditions beyond his control September 2001 Illinois Law Update, Page 454 On July 19, 2001, the Illinois Supreme Court affirmed the lower court's interpretation of the Workers' Compensation Act provision on wage computation. 820 ILCS 305/10.
Closing Pandora’s Box for Workers’ Comp Lawyers By Karen J. Dilibert August 2001 Column, Page 435 The recently issued Keef decision seems to open a Pandora's Box of malpractice plagues for workers' comp attorneys. Or does it?
A preexisting condition does not bar recovery under the Workers’ Compensation Act if the preexisting injury is aggravated during the course of employment October 2000 Illinois Law Update, Page 563 On August 4, 2000, the Appellate Court of Illinois, First District, affirmed the arbitrator's decision to award the claimant workers' compensation benefits after determining that the claimant's injuries arose out of and in the course of her employment.
Attorneys can receive reimbursement for their fees either under the provisions of the Workers’ Compensation Act or based on a private arrangement with the client July 2000 Illinois Law Update, Page 380 On May 18, 2000, the Illinois Supreme Court reversed the appellate court and held that section 5(b) of the Workers' Compensation Act permitted an attorney to recover his attorney fees only as delineated in the Act and not in conjunction with a private fee arrangement.
The Lawyer’s Journal By Bonnie C. McGrath June 2000 Column, Page 308 Playing the child-support percentages; ADA news and views; please don't squeeze the luggage; and more.
The Lawyer’s Journal By Mark S. Mathewson May 2000 Column, Page 251 You've got mail ... from a client ... and it's OK; fraudulent transfers and tenancy by the entirety; and more.
Researching Illinois Workers’ Compensation Law By James E. Duggan May 2000 Column, Page 291 Here's a compendium of resources for Illinois workers' comp lawyers.
Distribution at Divorce of Personal Injury, Workers’ Compensation, and Disability Awards By Debra DiMaggio and Cindy Huang September 1999 Column, Page 494 The authors note that several Illinois courts have distributed awards for strictly personal damage (i.e., pain and suffering) disproportionately to the injured spouse on divorce even when the cause of action arose during marriage.
Workers’ Comp Claimants Now Entitlted to Penalties for Wrongful Nonpayment of Medical Bills By James W. Ackerman June 1999 Column, Page 329 The Illinois Supreme Court struck a blow for workers' comp claimants in McMahan v Industrial Commission. This article describes the ruling and its impact.
The Lawyer’s Journal By Bonnie McGrath May 1999 Column, Page 238 The high court revisits the single-subject rule.
Workers’ Comp Malpractice Headaches By Anne E. Thar April 1999 Column, Page 219 Workers' comp lawyers are cursed with a special set of headaches. The remedy? Follow this advice.
Correspondence from Our Readers March 1999 Column, Page 122 Workers' comp; allow penalties for meritless claims
The Lawyer’s Journal By Bonnie McGrath January 1999 Column, Page 10 ADA plaintiffs must be accommodating.
When an insured motorist has two underinsured motorists coverage policies, the primary insurer may take only one setoff for an insured’s workers’ compensation benefits, and no setoff for the insured’s social security disability benefits January 1999 Illinois Law Update, Page 13 On October 29, 1998, the Illinois Supreme Court affirmed in part and reversed in part the appellate court's holding on setoffs applicable to two insurance policies for underinsured motorist coverage.
Working Around the Workers’ Compensation Act’s “Exclusive Remedy” Provision By Molly C. Mason January 1999 Article, Page 40 When can workers sue employers in tort, and when are they limited by the "exclusive remedy'' provision of the workers' comp statute?