Section Newsletters

Articles on Workers Compensation

Appellate Court Confirms That Caterpillar Tractor Employment-Related Acts Analysis Is Not Applicable for Idiopathic Falls By Olga Beznashchuk Workers’ Compensation Law, December 2023 In Juarez v. Illinois Workers’ Compensation Comm’n, the appellate court analyzed the issue of causation in the context of an idiopathic fall.
Harrah’s Illinois Corporation v. Illinois Workers’ Compensation Comm’n: Down the Rabbit Hole to Consider Issues of Properly Perfecting a Review and Determining Manifest Weight By Rick Turner Workers’ Compensation Law, December 2023 A summary and analysis of Harrah’s Illinois Corp. v. Illinois Workers' Compensation Comm'n.
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.
Appellate Court Affirms the Decision of the Commission Finding That the Decision Was Not Against the Manifest Weight of the Evidence By Tammy A. Paquette Workers’ Compensation Law, September 2023 A summary and analysis of Durable Packaging v. Illinois Workers’ Compensation Comm'n.
Where a Claimant Worked Purely on a Voluntary Basis, the Appellate Court Held That She Failed to Prove That She Was an Employee By Kenneth M. Lubinski Workers’ Compensation Law, September 2023 Where a claimant worked purely on a voluntary basis as a pilot for a skydiving center in order to accumulate flight hours with no expectation of payment or future employment, the appellate court held that she failed to prove that she was an employee and denied liability under the Illi-nois Workers’ Compensation Act. 
The Court May Affirm Commission Decision if There Is Any Legal Basis in the Record to Sustain It By Jack Linn Workers’ Compensation Law, July 2023 In Chicago Board of Education v. Illinois Workers’ Compensation Comm’n, a teacher in Chicago sustained injury when she fell down a flight of stairs after clocking out of work.
Employco USA v. Workers’ Compensation Comm’n Calculating Wage Rates Where the Petitioner Only Worked a Few Days By Joseph K. Guyette Workers’ Compensation Law, July 2023 Employco USA, Inc. v. Illinois Workers' Compensation Comm’n addresses the proper method for calculating average weekly wages for an employee who worked for a relatively short period of time.
It’s All in the Details: Proving Accident and Causation in a Repetitive Trauma Case By Gregory S. Keltner Workers’ Compensation Law, July 2023 In a recent Rule 23 decision, the appellate court considered the issues of accident, causation, and the manifest weight standard of review in the context of a repetitive trauma claim.
‘Parking Lot Exception’ Secures Favorable Compensability Finding for Claimant By Nathan Lanter Workers’ Compensation Law, July 2023 Flossmoor School District #161 v. Illinois Workers’ Compensation Comm’n applies the “parking lot exception” to the “arising out of the employment” analysis in confirming a favorable Commission determination of compensability.
Appellate Court Affirms Commission Decision to Award Section 8(d)2 Person-as-a-Whole vs. Section 8(d)1 Wage Differential for Carpenter Provided With Accommodated Work By Mark Jeep Workers’ Compensation Law, March 2023 The Workers’ Compensation Division of the appellate court recently ruled on issues concerning penalties and fees, section 8(j) credits for medical expenses, appellate procedure, and the proper analysis of wage differential claims.
If You Claim a Credit, You Need to Prove It By Herb Franks & Rebecca Lamm Workers’ Compensation Law, March 2023 The appellate court recently issued a stern warning to employers reminding that credit against an award is the exception rather than the general rule, and it is the employer’s burden to conclusively prove its entitlement to credit.
The ‘Manifest Weight’ Squashes Respondent’s Appeal: FCN, Inc. v. IWCC By Joshua A. Humbrecht Workers’ Compensation Law, March 2023 A summary and analysis of Final Call, Inc., a/k/a FCN Publishing v. Illinois Workers' Compensation Comm'n.
Utilization Reviews: Needed? Wanted? Weight? By Suzanne Nyhan Workers’ Compensation Law, March 2023 A summary and analysis of Montgomery v. Illinois Workers’ Compensation Comm'n.
Collateral Estoppel, Consolidation of Cases, and the Importance of Explaining Changes on an MRI By Alexis Ferracuti Workers’ Compensation Law, November 2022 Collateral estoppel is a principle most of us have not considered in our normal workers’ compensation practice since law school, but recently an appellate court decision answered the question of collateral estoppel in a consolidated workers’ compensation claim.
Cummings v. IWCC and Sua Sponte Exclusion of Evidence By Jim Babcock Workers’ Compensation Law, November 2022 Cummings v. IWCC arose out of a denial of benefits in an occupational exposure claim.
Development of Technology and Younger Attorneys By Edward Wasilewski Young Lawyers Division, November 2022 With the advancements of technology, younger attorneys, who tend to be skilled in technology, may have an advantage over their older coworkers.
Firefighter Proves Entitlement to Benefits Under the Occupational Disease Act By Anita M. DeCarlo Workers’ Compensation Law, November 2022 In City of Springfield v. IWCC, a firefighter sought benefits under the Occupational Disease Act for kidney cancer.
No Hoots Given for Employee Who Fell in the Parking Lot After Traveling to Another Worksite While Her Own Site Was Under Construction By Derek Dominguez Workers’ Compensation Law, November 2022 In Brooke Hoots v. Illinois Workers’ Compensation Comm'n & Dollar General, an arbitrator determined that the injuries sustained by a petitioner who fell in a parking lot that was adjacent to her workplace were not compensable because they did not arise out of and in the course of her employment.
To Be or Not to Be an Employee? By Robert J. Finley Workers’ Compensation Law, November 2022 In Tile Roofs, Inc. v. The Illinois Workers’ Compensation Comm’n, et al., the appellate court decided the determinative factors of an employee-employer relationship under a manifest weight of the evidence standard.
50th Anniversary of the Report of the National Commission on State Workmen’s Compensation Commemorated at ABA TIPS Mid-Winter Workers’ Compensation Conference By James M. Gallen Workers’ Compensation Law, August 2022 This year marks the 50th anniversary of the National Commission on State Workmen’s Compensation Laws.
Editor’s Notes By Candice E. Drew Workers’ Compensation Law, August 2022 An introduction to the issue from the editor.
McDonald’s v. Illinois Workers’ Compensation Comm’n: Appellate Court Upholds Penalties Against Respondent for Disputing a Triable Issue of Fact By Timothy J. O’Gorman Workers’ Compensation Law, August 2022 In McDonald’s v. Illinois Workers’ Compensation Comm’n, the appellate court affirmed the Illinois Workers' Compensation Commission's finding in favor of the petitioner on issues of accident, notice, causation, reasonableness and necessity of medical bills, and the award of penalties against the respondent.
Not All Risks Are Equal or Compensable By Victor Cerda Workers’ Compensation Law, August 2022 A summary and analysis of Rodney Buckley v. Illinois Workers’ Compensation Comm'n.
An Untimely Diagnosis But With ‘Timely Disablement’: The American Coal Company v. The Illinois Workers’ Compensation Comm’n, 2022 IL App (5th) 210200WC-U By Gregory H. Booth Workers’ Compensation Law, August 2022 In American Coal Company v. The Illinois Workers’ Compensation Comm'n, the appellate court issued an order under Supreme Court Rule 23(b), which provides for precedent in limited circumstances under Rule 23(e)(1).
Greater Peoria Mass Transit District d/b/a Citylink v. The Illinois Workers’ Compensation Comm’n: An Analysis By Deborah Benzing Workers’ Compensation Law, April 2022 In Greater Peoria Mass Transit District d/b/a Citylink v. The Illinois Workers’ Compensation Comm’n, the sole issue presented in the appellate court appeal was whether the Commission properly determined that claimant’s condition of ill-being was causally related to a 2019 work accident.
Interview With Illinois Workers’ Compensation Commission Chair Michael Brennan By Richard D. Hannigan Workers’ Compensation Law, April 2022 An interview with the chair of the Illinois Workers' Compensation Commission.
Settling Workers’ Compensation Cases With Medicare Set-Asides and the Responsibility for Ongoing Reporting By Joseph K. Guyette Workers’ Compensation Law, April 2022 Settling a workers’ compensation case that includes a Medicare set-aside is a complicated process, often including lengthy contracts. 
What Is Needed to Prove Odd-Lot Permanent Total Disability By Brad L. Badgley Workers’ Compensation Law, April 2022 If an employee’s disability is limited and it is not obvious that the employee is unemployable, the employee may nevertheless demonstrate an entitlement to permanent total disability by proving that he or she fits within the odd-lot category.
Can a General Contractor Defend a Third Party Claim Using the Immunity Afforded an Employer Under Section 5(a) the WCA? By Richard D. Hannigan Workers’ Compensation Law, February 2022 The Illinois Supreme Court has further defined whether a general contractor who pays the premium and deductible of a workers’ compensation insurance policy on behalf of the subcontractor has the same immunity under the Workers’ Compensation Act as the subcontracting employer.
Disputed Trip and Fall on Loose Carpet Strip Trips Up Employer Despite Conflicting Evidence on Premises Defect/Arising Out Of, Injurious Practice, and Employability/Odd Lot Theory By Rick Turner Workers’ Compensation Law, February 2022 In its decision in Mt. Vernon School District No.80 v. IWCC, the appellate court reminded us that “arising out of” in the context of a fall on the employer’s premises is usually a question of fact and the standard of review is manifest weight, as is the question of whether the Commission appropriately found a claimant permanently totally disabled on an “odd lot” theory.

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