Publications

Section Newsletter Articles on Workers' Compensation Law

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.
Don Young v. Doncasters d/b/a MECO, Inc., 2014 IL App (4th) 130392WC By Matt Belcher Workers' Compensation Law, July 2014 After a hearing, an Arbitrator at the Illinois Workers’ Compensation Commission concluded that Mr. Young’s injury was not a compensable work accident. That decision was subsequently confirmed by the Commission with a dissent by Commissioner Tyrrell. The Appellate Court unanimously reversed the Commission and awarded benefits.
A historical view of the Workers’ Compensation Act By Kenneth F. Werts and Richard D. Hannigan Workers' Compensation Law, July 2014 The first in a two-part series looking at the evolution of Illinois' workers' compensation system.
An interview with Arbitrator George Andros By Richard D. Hannigan Workers' Compensation Law, July 2014 Learn more about the life and background of this dynamic Arbitrator.
Mark Tolbert v. The Illinois Workers’ Compensation Commission et al. (Prairie Central Cooperative, Appellee), 2014 IL App (4th) 130523WC By Sean J. Mussey Workers' Compensation Law, July 2014 The Appellate Court for the Fourth District found notice for an inhalation injury under a plain reading of 6(a) of the Illinois Workers’ Compensation Act, but stated notice could have been accomplished under a “manifestation date” analysis often used in repetitive stress cases where the exact date of injury is impossible to determine.
Observations from the bench By Joanne M. Fratianni Workers' Compensation Law, July 2014 Some tips from Arbitrator Joanne Fratianni.
Special risks or hazards can become part of the employment and render the risk, and to the general public compensable By Richard D. Hannigan Workers' Compensation Law, July 2014 A summary of Brais v. IWCC.
Evaluating permanent partial disability in the wake of Section 8.1(b)—Has anything changed? By Shuaib Ahmed Workers' Compensation Law, May 2014 A synopsis of the reported decisions analyzing the five factors of permanent partial disability under Section 8.1b, broken down by each factor.
Fall on stairs found compensable despite being caused by pre-existing condition By Mark P. Matranga Workers' Compensation Law, May 2014 The result in Village of Villa Park v. The Illinois Workers’ Compensation Commission et al. is in direct contradiction to the rule established in Eliot v. Industrial Commission.
Illinois employers can demand drug and alcohol testing and avoid losing a retaliatory discharge claim so long as the policy is applied in a non-discriminatory manner By Deborah A. Benzing Workers' Compensation Law, May 2014 The Jeff Phillips v. Continental Tire The Americas, LLC decision affirms employers’ rights to drug and alcohol testing in Illinois and specifically reiterates that such testing is not against public policy.
Illinois employers can demand drug and alcohol testing and avoid losing a retaliatory discharge claim so long as the policy is applied in a non-discriminatory manner By Deborah A. Benzing Labor and Employment Law, May 2014 The Jeff Phillips v. Continental Tire The Americas, LLC decision affirms employers’ rights to drug and alcohol testing in Illinois and specifically reiterates that such testing is not against public policy.
Medical provider cannot collect balances due after fee schedule sums are paid By Asalya I. Akhmerova Workers' Compensation Law, May 2014 In Tiburzi Chiropractic vs David Kline and Rovey Seed Company, Inc. the Appellate Court held that a medical provider cannot collect outstanding balances after sums are paid by the employer pursuant to the Illinois Medical Fee Schedule under Section 8.2 of the Illinois Workers’ Compensation Act.
Village of Villa Park v. The Illinois Workers’ Compensation Commission, et al., 2013 Ill App. 2(d) 130038 (filed 12/31/2013) By Patrick D. Czuprynski Workers' Compensation Law, May 2014 The Appellate Court of the Second District of Illinois affirmed the judgment of the Circuit Court and the Illinois Workers’ Compensation Commission decision, awarding benefits for Claimant’s low back injury due to a slip and fall down a flight of stairs.
What you talk’n ‘bout, Willis? By Richard D. Hannigan Workers' Compensation Law, May 2014 A review of the recent case of James Paluch v. United Parcel Service.
Claimant’s motor vehicle accident constituted an independent intervening accident and leads to entitlement for two permanency awards By Carol A. Hartline Workers' Compensation Law, January 2014 A summary of the recent case of National Freight v. Illinois Workers' Compensation Comm'n.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, January 2014 Updates from Editor Rich Hannigan.
Excess insurance policies are covered workers’ compensation claims and the Illinois Insurance Guaranty Fund’s obligations are not subject to statutory cap. Windfall to self-insureds? By Kevin LeFevour Workers' Compensation Law, January 2014 The recent Illinois Supreme Court decision in Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund presents an interesting interpretation of the Illinois Insurance Code as it applies to an employer’s coverage obligations under the Workers’ Compensation Act.
Illinois State Treasurer, as ex officio Custodian of the Injured Workers’ Benefit Fund does and does not have sovereign immunity By John W. Powers Workers' Compensation Law, January 2014 The Illinois Appellate Court recently issued two opposing decisions, in Dratewska-Zator v. Rutherford and Illinois State Treasurer, as ex officio Custodian of the Injured Workers’ Benefit Fund v. Illinois Workers’ Compensation Commission.
Traveling employee By Deborah A. Benzing and Anita M. DeCarlo Workers' Compensation Law, January 2014 On December 19, 2013, the Illinois Supreme Court issued its Decision in The Venture-Newberg-Perini, Stone & Webster v. the Illinois Workers’ Compensation Commission, a highly anticipated decision addressing the traveling employee doctrine.
Diaz: Something old, something new in mental-mental cases By Robert J. Finley Workers' Compensation Law, October 2013 Diaz v. Ill. Workers Compensation Comm’n gives practitioners a chance to revisit the necessary proofs in “mental-mental” injury cases, i.e., psychological disability without physical injury.