Taking the “headache” out of the settlement process
By Michelle L. LaFayette
Workers’ Compensation Law,
September 2012
As part of the Commission’s judicial training program this past April, the author was invited to speak before the arbitrators and commissioners about settlements from the attorney’s perspective.
Wallyball: A Section 11 “Recreational” Activity . . . not always
By Michelle L. LaFayette
Workers’ Compensation Law,
December 2009
Webster’s New World Dictionary of American English defines the word “recreation” to mean “refreshment in body or mind, as after work, by some form of play, amusement or relaxation.” ... Recreational activities are therefore those that people use to escape from the pressures of work and everyday life to have fun and relax – exercise, organized sports, etc.
A tort plaintiff, but no defendant
By Michelle L. LaFayette
Workers’ Compensation Law,
December 2007
To the workers’ compensation practitioner, it is well-established a worker can only seek compensation from his employer pursuant to the provisions of the Workers’ Compensation Act or the Occupational Diseases Act for injuries arising out of and in the course of his employment. See, 820 ILCS 305/1 et seq.
No causal connection for claimant, despite cracked helmet
By Michelle L. LaFayette
Workers’ Compensation Law,
September 2006
In this Rule 23 decision, the Illinois Appellate Court held that a herniated disc was not causally connected to claimant’s work accident based upon a normal CT scan, unrestricted cervical range of motion, considerable gaps in medical care and treatment, and extended performance of full-duty activities.
Credibility “defies logic”
By Michelle L. LaFayette
Workers’ Compensation Law,
June 2005
In Chicago Messenger Service v. Industrial Commission, 826 N.E.2d 1037; 292 Ill.Dec. 601 (2005), the Appellate Court, First District, reversed the Commission's finding the claimant provided an injury from an accident arising out of and in the course of employment.
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