Section Newsletters

Articles From Michelle D. Porro

How Do You Prove Entitlement to a Section 8(E)17 Credit? An Analysis of Bowen v. IWCC By Michelle D. Porro Workers’ Compensation Law, December 2023 A summary and analysis of Bowen v. Illinois Workers' Compensation Comm'n.
An analysis of In re Estate of Arnold Rexroad Sr. By Michelle D. Porro Workers’ Compensation Law, September 2018 The appellate court looked at whether a workers’ compensation carrier's misconduct can result in a forfeiture of their right to recovery under Section 5(b) of the Illinois Workers’ Compensation Act in In re Estate of Arnold Rexroad Sr.
Can a petitioner waive the right to a Section 8(d)(2) wage differential absent a request by petitioner for a specific loss PPD award in lieu of a wage differential award? Or, is an “impressive suntan” a valid basis for the denial of permanent total disabi By Michelle D. Porro Workers’ Compensation Law, October 2014 A look at Section 8(d)2, waiver, and the right to receive benefits under Section 8(d)1.
The Illinois Employee Act—Constitutional or not? An analysis of Bartlow v. Costigan, 2012 IL App (5th) 110519 By Michelle D. Porro Workers’ Compensation Law, June 2013 On August 21, 2012, the Illinois Appellate Court held that the Illinois Employee Classification Act is not unconstitutional on its face.
The right to control an individual’s actions is the most important factor in employer/employee relationship By Michelle D. Porro Workers’ Compensation Law, September 2010 In Agnes Skzubel v. IWCC, the appellate court determined that Ms. Skzubel qualified as an employee despite the fact that she could not legally be hired at the time she began her employment, and that the checks were written to her husband for the work she performed.
Supreme Court’s deals fatal blow to the “normal daily activity exception” in Twice Over Clean: A Petitioner’s perspective By Michelle D. Porro Workers’ Compensation Law, June 2005 The Illinois Supreme Court has finally answered the question of whether the "normal daily activity" exception can be used to deny a claim where the work was a causative factor.
The Industrial Commission must determine who the aggressor was By Michelle D. Porro Workers’ Compensation Law, June 2004 Our Supreme Court definitively determined that when the underlying accident is a fight between employees, the Industrial Commission must determine which of the employees was the aggressor in Sandra Franklin v. the Industrial Commission, in an opinion filed May 20, 2004. Id., Docket No. 96857 (Il. S. Ct. 2004).
What constitutes a valid appointment as a commissioner? By Michelle D. Porro Workers’ Compensation Law, June 2004 The appellate court tackled this question in Sleeter v. Industrial Commission. No. 4-02-1044 WC. The first issue brought by this claim is simply a manifest weight of the evidence argument regarding accident.
When is a circuit court order final and appealable? By Michelle D. Porro Workers’ Compensation Law, June 2004 Where the Arbitrator and Industrial Commission find that the Petitioner is entitled to TTD, medical and an award of PPD equal to 45 percent maw, and the circuit court reverses and remands for a finding consistent with its opinion that the Petitioner is permanently and totally disabled, the circuit court's order is interlocutory and an appeal can not be perfected to the appellate court until after the claim has been heard on remand by the Industrial Commission.
Petitioner elects his remedy By Michelle D. Porro Workers’ Compensation Law, September 2003 The appellate court recently released a unanimous decision in Payetta v. Industrial Commission, 274 Ill.Dec. 590 2nd District (June 17, 2003).
Who was the aggressor? By Michelle D. Porro Workers’ Compensation Law, September 2003 In Sandra Franklin v. Industrial Commission, the appellate court in a 3-2 decision reversed and remanded the case to the Industrial Commission with the instruction that the Industrial Commission determine which party was the aggressor.

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