Publications

Section Newsletter Articles on Workers' Compensation Law

Case analysis of Di Benedetto v. Illinois Workers’ Compensation 2015 IL App (1st) 133233WC By Matteo Rago Workers' Compensation Law, December 2015 In DiBenedetto, the court focused on the issue of what date should be utilized in determining the commencement of a wage-differential benefit: Is it the date of claimant’s accidental injury or the date of the arbitration hearing? The court also addressed the maximum weekly benefit allowable under Section 8(b)(4) of the Act.
Claimant’s left knee injury while sitting on a chair and welding “arises out of his employment” By Cameron B. Clark Workers' Compensation Law, December 2015 In Adcock v. IWCC, the appellate court reviewed the requirement that a claimant must show by a preponderance of the evidence that his injury “arose out of” and “in the course of” his employment in order to be compensable.
The Commission may find disability when the impairment rating is zero, but is an impairment rating required in all cases before the Commission can determine the nature and extent of an injury? By John W. Powers Workers' Compensation Law, December 2015 On November 6, 2015, the Illinois Appellate Court filed its decision for Continental Tire of the Americas, LLC v. Illinois Workers’ Compensation Comm’n. holding the Commission may, as a matter of law, award permanency when an impairment rating is zero.
Good faith third-party settlement and section 5(b) attorney fees on “suspended future medical payments” By Lawrence A. Scordino Workers' Compensation Law, December 2015 A summary of Ronald Bayer v. Panduit Corporation and Area Erectors, Inc.
Can the Circuit Court hold commissioners in contempt of court for failing to write a decision in the manner demanded by the Court? By Richard D. Hannigan Workers' Compensation Law, September 2015 The answer to the title of this article is that the trier of fact and law has the right and power to be wrong.
Does the circuit court have jurisdiction regarding the settlement of a third-party claim and his subsequent filing of an Application for Adjustment of Claim by the injured worker? By Robert J. Finley Workers' Compensation Law, September 2015 In Bradley v. The City of Marion, Illinois et al, practitioners are left with a lesson on where and how to resolve claims to future workers compensation under similar circumstances because of jurisdictional considerations.
Does your client’s workers’ compensation benefits abate if your client dies of causes unrelated to the workplace injury? By Sandra Loeb and Samuel Branum Workers' Compensation Law, September 2015 Though it may not come up often, there may be a time when you file an application for adjustment of claim on behalf of an injured worker that dies from causes unrelated to the work injury before his or her case has resolved.
How inclusive is the exclusive remedy? By Anita M. DeCarlo Workers' Compensation Law, September 2015 In Dominique Kay v. Centegra Health System, the Court found plaintiff did not have the right to pursue a negligence case based upon the exclusive remedy provision found in Section 5(a) of the Illinois Workers’ Compensation Act.
Independent truck driver vs. employee By Kenneth F. Werts Workers' Compensation Law, September 2015 An examination of Steel & Machinery Transport, Inc. v. Workers’ Compensation Commission.
When do you qualify as a traveling employee? By Robert J. Finley Workers' Compensation Law, September 2015 The traveling employee case generally presents an uncertain path to benefits due to the fact-specific nature of the inquiry.
Can an early retirement package prior to the attainment of MMI affect your entitlement to temporary total disability benefits and permanent total disability? A case study of: Sharwarko v. Illinois Workers’ Compensation Comm’n, 2015 IL App (1st) 131733WC By Joseph K. Guyette Workers' Compensation Law, June 2015 Ultimately, this case will help define when a petitioner has voluntarily retired, and when the refusal to accept a job offer will result in the termination of temporary total disability benefits.
Does the IWCC have jurisdiction to assess penalties for failure to make payment of benefits once a settlement contract is final? By Richard D. Hannigan Workers' Compensation Law, June 2015 A look at Loyola University of Chicago v. The Illinois Worker’s Compensation Commission.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, June 2015 Editor Rich Hannigan offers the latest in IWCC news.
A race to the bottom and your practice may hang in the balance: Springfield 2015 By Richard D. Hannigan and Patrick D. Czuprynski Workers' Compensation Law, June 2015 A discussion of the legislation currently moving through the Illinois General Assembly that would impact workers' compensation law.
Analysis of Village of Deerfield v. Illinois Workers Compensation Commission, 2014 Ill. App (2d) 131202WC (2014) By Stephen G. Baime Workers' Compensation Law, April 2015 If one sustains two injuries on two separate dates to two different parts of the body and consolidates the claims for trial, he can collect a percentage of a person on one and a wage differential on the second one even if the part of the body in the second case could have resulted in a person as a whole award.
Circuit court has jurisdiction to resolve disputes involving attorney referral agreements By Shuaib A. Ahmed Workers' Compensation Law, April 2015 In Ferris, Thompson and Zweig, Ltd. v. Esposito, the Illinois Supreme Court addressed the issue of whether the Legislature intended to divest the Circuit Court jurisdiction and confer original jurisdiction on the Commission to resolve a dispute based on a referral agreement apportioning attorney fees earned in a claim filed under the Workers’ Compensation Act.
Interview with Arbitrator Joann Fratianni By Richard D. Hannigan Workers' Compensation Law, April 2015 This interview, originally conducted in August of 2009, is still relevant today.
A quick snapshot of the 2014 appellate court decisions By Deborah Benzing Workers' Compensation Law, April 2015 Summaries of cases decided last year.
Calculation of AWW By Lindsey Beukema Workers' Compensation Law, February 2015 In R & D Thiel, A Division of Carpenter Contractors of America v. Illinois Workers’ Compensation Comm’n, the Court issued a Rule 23 Order addressing the calculation of average weekly wage using the second method of Section 10.
Constructive selection doctrine used to overcome two physician rule By Brittany N. Meeker Workers' Compensation Law, February 2015 A summary of Bob Red Remodeling, Inc. v. Illinois Workers' Compensation Commission and Zenon Lemanski.
Does the Commission have jurisdiction to approve settlements in two out of three consolidated claims? By Lawrence A. Scordino Workers' Compensation Law, February 2015 The strange little case of The Levy Company v. IWCC and Jorge Merlos arose when the claimant, Jorge Merlos filed two claims, for alleged 2003 and 2005 shoulder injuries. While those claims were pending, he returned to work with restrictions in 2007.
Employer’s due process rights were not violated by admission of treating physician’s medical opinions pursuant to Section 16 of the Act By Catherine Krenz Doan Workers' Compensation Law, February 2015 In RG Construction Services v. Illinois Workers’ Compensation Commission, the issue before the appellate court was whether Employer was denied its due process right to cross-examine witnesses or present rebuttal evidence of the opinions of Claimant’s treating physicians that were contained in the medical records.
PPG Industries: When are job duties irrelevant? By Joseph K. Guyette Workers' Compensation Law, February 2015 In PPG Industries v. Illinois Workers’ Compensation Commission, the Respondent argued that evidence of the Petitioner’s job duties should be considered irrelevant when that evidence is over three years old. While the appellate court rejected that argument, it left open the possibility that older evidence of a Petitioner’s work duties may be admissible at trial.
Enough of the “gotcha”—It is time for limited discovery/disclosure under the WC Act By Christine M. Ory Workers' Compensation Law, October 2014 The rationale for not allowing discovery in workers’ compensation cases was to expedite the arbitration process. However, the lack of discovery seems to have had the opposite effect
Exclusive remedy doctrine does not apply when employee first learns of injury after the expiration of the statute of repose under the Workers’ Compensation Act and Occupational Disease Act By Anita M. DeCarlo Workers' Compensation Law, October 2014 A discussion of the June 27, 2014 decision from the Illinois Appellate Court First District in Folta v. Ferro Engineering.
Is the employer liable for payment of temporary total disability benefits when the employee is terminated while on light-duty restriction for admittedly stealing cigarettes? By Richard D. Hannigan Workers' Compensation Law, October 2014 A discussion of the much-anticipated decision of Walter Matuszczak v. IWCC, which was handed down by The Appellate Court on September 30th 2014.
Case summary for Compass Group v. Illinois Workers’ Compensation Commission, 2014 IL App. 2d 121283WC, rehearing denied 5/13/14 By Patrick D. Czuprynski Workers' Compensation Law, July 2014 A detailed look at this recent case.
Claim for chronic obstructive pulmonary disease not allowed when employee timely filed claim within the statute of limitations for coal miners pneumoconiosis but not chronic obstructive pulmonary disease By Kenneth F. Werts Workers' Compensation Law, July 2014 Those who are filing claims for occupational disease involving ventilatory impairment due to coal dust exposure should file their claims within three years of the date of disablement to be certain that the claim is timely filed.