Publications

Section Newsletter Articles on Workers' Compensation Law

A procedural look at the exclusive remedy defense By Kingshuk K. Roy Tort Law, September 2010 A brief overview of the exclusive remedy defense and its procedural application in light of the recent Fifth District decision of Reed v. White.
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.
Section 4(d): To sue or not to sue in the circuit court. That is not the question. The question is how do you do it. By Kelly Johnson Workers' Compensation Law, September 2010 A look at the case of Keating v. 68th and Paxton, L.L.C. and Oglesby Management Company.
5/13/10 interview with Mitch Weisz By Richard D. Hannigan Workers' Compensation Law, June 2010 Get to know IWCC Chairman Mitch Weisz.
Are we moving toward a motion practice? By Richard D. Hannigan Workers' Compensation Law, June 2010 A look at the case of Dennis Hagemann v. IWCC.
Extra scrutiny still does not apply when arbitrator’s decision is reversed By Richard D. Hannigan Workers' Compensation Law, June 2010 The Appellate Court affirmed the Commission’s decision in R and D Thiel v. IWCC.
ISBA Workers’ Compensation Seminar October 11, 2010 By John Adams Workers' Compensation Law, June 2010 Save the date for this important seminar!
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, March 2010 The views and opinions of the editor of the Workers' Compensation Law Section newsletter.
Interview with Arbitrator Andrew Nalefski, January 12, 2010 By Robert C. Nelson Workers' Compensation Law, March 2010 Get to know a little more about IWCC Arbitrator Andrew Nalefski.
No grace period for paying undisputed statutory amputation benefits due under Section 8(e) By Catherine Mafee Levine Workers' Compensation Law, March 2010 As soon as respondent determines that a dispute does not exist, reasonably knows the extent of the amputation and is able to calculate the appropriate average weekly wage, statutory loss benefits should be paid “immediately” and “promptly.”
Supreme Court ruling emphasizes obligation to pay TTD until MMI after an injured worker is terminated for cause: A look at Interstate Scaffolding, Inc. v. The Workers Compensation Commission, et al., Docket No. 107852 – January 22, 2010 By Mark P. Matranga Workers' Compensation Law, March 2010 Simply stated, where an employee who is capable of rehabilitation or working takes himself outside such efforts through willful behavior, his employer should retain the opportunity to terminate benefits.
Third-Party’s claim to Section 5(a) immunity rejected By Timothy S. McNally Workers' Compensation Law, March 2010 The First District recently confirmed that third parties will not enjoy the immunity from common law actions that protects employers and co-employees from liability under Section 5(a) of the Illinois Workers’ Compensation Act.
Advanced Workers’ Compensation seminar Workers' Compensation Law, December 2009 The Illinois State Bar Association Workers’ Compensation Law Section is sponsoring a “Back to Basics Seminar” scheduled for February 12, 2010 in Fairview Heights and February 15, 2010 at the ISBA Headquarters in Chicago.
Bad things happen when the adjuster hangs onto the file By Richard D. Hannigan Workers' Compensation Law, December 2009 All too often an adjuster will hang onto a file until either just before or just after a hearing. The file will then be sent to the defense attorney and the defense attorney is then given the herculean task of trying to unring a bell or put toothpaste back in the tube.  
Certification of medical records—What are the safeguards to completeness and accuracy? By Timothy S. McNally Workers' Compensation Law, December 2009 In reviewing an opponent’s certified medical exhibits prior to trial, how can a practitioner be assured that he or she received complete records?
Despite conviction for battery, claimant was not collaterally estopped from arguing the issue of “aggressor” in a workplace altercation By Cameron B. Clark Workers' Compensation Law, December 2009 In Bassgar, Inc. v. Illinois Workers’ Compensation Commission, 2009 WL 3367053 (Ill.App.3d Dist., October 15, 2009), the Illinois Appellate Court held that the evidence submitted at arbitration supported the Commission’s finding that the claimant was not the initial aggressor in an altercation, and thus claimant’s arm injury was compensable. 
First-grade reading teacher properly calculated AWW By Cameron B. Clark Workers' Compensation Law, December 2009 In Washington District 50 Schools v. Illinois Workers’ Compensation Commission, 2009 WL 3366466 (Ill.App.3d Dist., October 16, 2009), the Illinois Appellate Court, in a case of first impression, found that the time for which a school teacher was retained to work defines her “employment” with regard to the calculation of her average weekly wage under Section 10 of the Act.
November 16, 2009 Interview with Arbitrator Edward Lee By Richard D. Hannigan Workers' Compensation Law, December 2009 Arbitrator Lee, on behalf of the Illinois State Bar Association I would like to thank you for this opportunity to sit down and discuss your background and experience as an arbitrator at the Illinois Workers’ Compensation Commission.
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.
2008 Illinois Workers’ Compensation Annual Report By Brad E. Bleakney Workers' Compensation Law, September 2009 On June 30, 2009, the Commission released its Annual Report of Operations for 2008.
The appellate court discusses the burden of proof in a stray bullet case By Carol A. Hartline Workers' Compensation Law, September 2009 A summary of the case of Restaurant Development v. Hee Suk Oh.
Case Note: Forsythe, et al. v. Clark USA, Inc. By Kevin T. Veugeler Tort Law, September 2009 In a case of first impression, the Illinois Supreme Court has recognized a cause of action against a parent company for the actions of its subsidiary that results in a workplace injury.
Interview with Arbitrator Joann Fratianni By Richard D. Hannigan Workers' Compensation Law, September 2009 Get to know more about Arbitrator Joann Fratianni.
Can the Commission award penalties pursuant § 19(k) and 16 for prospective medical care? By Richard D. Hannigan Workers' Compensation Law, June 2009 In what was first a Rule 23 order entered March 6, 2009 and now a published decision filed May 13, 2009, the Illinois Appellate Court, Workers’ Compensation Division, in Residential Carpentry v. Workers’ Compensation Commission, No. 03-08-0122WC, affirmed a case where the arbitrator awarded temporary total disability benefits and penalties on prospective medical expenses.  
Does a 4(c) petition and/or a rule to show cause survive an approved settlement contract? By Richard D. Hannigan Workers' Compensation Law, June 2009 On April 14, 2009 the author had the opportunity to be present during the Appellate Court oral argument when two former presidents of the Illinois Workers’ Compensation Lawyers Association went toe-to-toe on a rule to show cause filed by the petitioner’s attorney Richard Aleksy against the adjuster and insurance company who where represented by Ms. Elaine Newquist.
Interview with Arbitrator Ruth White, May 12, 2009 By Robert C. Nelson Workers' Compensation Law, June 2009 Get to know more about Arbitrator Ruth White.
Medical bills: What a dilemma! By Richard D. Hannigan Workers' Compensation Law, June 2009 Resolving issues regarding medical bills and expenses have become a daunting task for the petitioner’s attorney and the respondent. This is true whether the case is contested or uncontested.  
Supreme Court reinstates Commission award of concurrent statutory permanent total disability & scheduled loss of arms By Kevin S. Botha Workers' Compensation Law, June 2009 The case of Beelman Trucking v. IWCC was appealed to the Illinois Supreme Court, and on May 21, 2009, the Illinois Supreme Court issued its unanimous decision authored by Justice Garman reversing the Appellate Court in part and found that the Petitioner was entitled to both 100 percent loss of use of each arm under §8(e)(10) as well as statutory PTD benefits pursuant to §8(e)(18) as a result of 100 percent loss of use of both legs. 
Are we ready for the electronic revolution? By Kelly Johnson Workers' Compensation Law, March 2009 Can a lump sum settlement be paid by direct deposit?
Carpal Tunnel Syndrome: Is it work-related? By Linda A. Robert Workers' Compensation Law, March 2009 In light of the medical research presented in this article, there should be a decrease in carpal tunnel claims that are accepted as compensable. There is no scientific or medical basis for relating carpal tunnel syndrome to work activities. When there is no medical evidence to support finding a causal connection between carpal tunnel syndrome and work activities, the Commission should not make legal conclusions to the contrary.