Publications

Section Newsletter Articles on Workers' Compensation Law

A policeman’s disability application cannot be denied based upon one dissenting doctor selected by the Police Pension Board By Daniel P. Jakala and Stanley H. Jakala Administrative Law, May 2008 In a significant and ground-breaking decision rendered on November 1, 2007, the Supreme Court ruled that there is no longer a requirement that three physicians selected by the board all certify that the applicant is disabled in order for a police officer to be awarded a disability pension.
Are utilization review reports admissible into evidence? Petitioner vs. Respondent By Anita M. DeCarlo and Kelly Johnson Workers' Compensation Law, March 2008 Until recently, the only vehicle to dispute the reasonableness or necessity of treatment was via a Section 12 examination.
Personal comfort doctrine By Brad A. Antonacci Workers' Compensation Law, March 2008 This article will analyze the personal comfort doctrine in relation to both the “in the course of” and “arising out of” requirements. This article will also review the case law regarding the personal comfort doctrine and illustrate recent Illinois Workers’ Compensation Commission decisions with respect to the personal comfort doctrine.
A policeman’s disability application cannot be denied based upon one dissenting doctor selected by the Police Pension Board By Daniel P. Jakala and Stanley H. Jakala Workers' Compensation Law, March 2008 Police Officer Wade was an officer with 20 years of police service. In April 2002, as Wade was escorting a handcuffed prisoner down a steep embankment, the prisoner stumbled and fell, causing the plaintiff to suddenly fall and injure his right knee
Recent cases involving utilization review By Kevin Mechler Workers' Compensation Law, March 2008 The 2005 amendments to the Illinois Workers’ Compensation Act included the provision for utilization review to evaluate proposed or provided health care services to determine the appropriateness and necessity of those services. 820 ILCS 305/8.7.
Street risk or positional risk? By Bradford J. Peterson Workers' Compensation Law, March 2008 Issues of compensability for claims of traveling employees often involve a distinct analysis as compared to other classes of employees. The recent case of Potenzo v. Illinois Workers’ Compensation Commission created a further distinction, not just as to traveling employees, but further applied a concept of positional risk for traveling employees subject to an assault. 
Private investigator’s actions lead to invasion of privacy claim By Michael R. Lied Labor and Employment Law, February 2008 Private investigators can be a helpful tool for business. However, it is important to assure that the investigation does not cross over the line to create an invasion of privacy.
Attorney signature on appeal bond not sufficient By Mark Cosimini Workers' Compensation Law, December 2007 Section 19(f) of the Act sets forth the requirements for seeking a judicial review of a Commission decision and states in part.
The policy, the whole policy and nothing but the policy By Kristen A. Wadiak Workers' Compensation Law, December 2007 In a recent case of first impression, the Fifth District Appellate Court of Illinois decided that the Defendant, an insurance company, was not allowed to pick and choose which parts of their uninsured policy were applicable regarding issues of workers’ compensation setoffs.
Roberson and West Cab Co., contrasted rulings regarding employer/employee relationships By John W. Powers Workers' Compensation Law, December 2007 This year, the Supreme Court and Appellate Court issued significant decisions addressing the employer/employer relationship.
A tort plaintiff, but no defendant By Michelle L. LaFayette Workers' Compensation Law, December 2007 To the workers’ compensation practitioner, it is well-established a worker can only seek compensation from his employer pursuant to the provisions of the Workers’ Compensation Act or the Occupational Diseases Act for injuries arising out of and in the course of his employment. See, 820 ILCS 305/1 et seq.
Private investigator’s actions lead to invasion of privacy claim By Michael R. Lied Labor and Employment Law, November 2007 Private investigators can be a helpful tool for business. However, it is important to assure that the investigation does not cross over the line to create an invasion of privacy.
Exclusive remedy update By Brad E. Bleakney Workers' Compensation Law, September 2007 We are all familiar or should be familiar with the exclusive remedy provisions of the Act. Section 5(a) of the Workers Compensation Act specifically provides that payment under the Act shall be the exclusive remedy for an injured employee:
Extra scrutiny revived: S&H Floor Covering, Inc. v. Illinois Workers Compensation Commission By Ingrid M. Lulich Workers' Compensation Law, September 2007 S&H Floor Covering, Inc. v. Workers’ Compensation Commission, 373 Ill.App.3d 259 (4th Dist. 2007), at first blush appears to be a decision on the issues of notice and accident.
“I got fired. Do I still get a check?”: A summary of recent Commission decisions on temporary total disability benefits after termination By Jennifer Kiesewetter Workers' Compensation Law, September 2007 In workers’ compensation hearings, every attorney has a number of cases where temporary total disability benefits will clearly be awarded if a causal connection is found.
“Odd-lot” permanent total disability award affirmed By Frank A. Sommario Workers' Compensation Law, September 2007 A look at City of Chicago v. Illinois' Workers Compensation Commission.
Waiver of Section 5b lien By Richard D. Hannigan Workers' Compensation Law, September 2007 Did you use to worry that you waived your Section 5 lien when you entered into a settlement contract?
The elusiveness of the intoxication defense By Kevin S. Botha Workers' Compensation Law, June 2007 In a recent Rule 23 decision, the Appellate Court affirmed the judgment of the Circuit Court that confirmed the decision the Worker’s Compensation Commission awarding benefits to claimant, where the defense was based on intoxication.
Notes from the Editor By Richard D. Hannigan Workers' Compensation Law, June 2007 A message from the editor.
Overtime wages excluded from average weekly wage calculation if not worked on a regular and mandatory basis By Timothy S. McNally Workers' Compensation Law, June 2007 In Airborne Express v. Illinois Workers’ Compensation Commission, 865 N.E.2d 979, 310 Ill.Dec. 259, 2007 WL 837246 (Ill.App. 1 Dist), the First District of the Appellate Court clarified the issue of the inclusion of overtime in calculating average weekly wage.
Radosevich, continued attorney fees under §19(g) By Mark P. Matranga Workers' Compensation Law, June 2007 The last newsletter contained a discussion of the interest rate on Commission awards found in the Fourth District decision in Radosevich v. Industrial Commission, 367 Ill.App.3d, 856 N.E.2d 1, 305 Ill.Dec. 469(2006).
A rare reversal & remand of a manifest weight issue under the “Odd Lot” permanent disability theory By Kevin S. Botha Workers' Compensation Law, June 2007 The claimant in this case (Westin Hotel v. Industrial Commission, 310 Ill.Dec. 18, 865 N.E.2d 342) was 54 years old when the injury occurred.
A Rule 23 decision with something for everyone By Richard D. Hannigan Workers' Compensation Law, June 2007 This particular case was appealed on the issue of the nature and extent of the injury.
Wage Loss Differential By Richard D. Hannigan Workers' Compensation Law, June 2007 Under §8(d)1 of the Workers’ Compensation Act an injured worker is entitled to a wage loss differential when it is proved that he is partially incapacitated and permanently prevented from pursuing his usual and customary line of employment and there is an impairment of earnings.
Another confusing interest case By Mark P. Matranga Workers' Compensation Law, March 2007 The Appellate Court, Fourth District, has ventured into the interest calculation thicket with Radosevich v. The Industrial Commission, 367 Ill.App.3d, 856 N.E.2d 1, 305 Ill.Dec. 469.
The injured workers’ benefit fund By Vito D. DeCarlo and Anita M. DeCarlo Workers' Compensation Law, March 2007 The Injured Workers’ Benefit Fund (IWBF) was created by the 2005 amendments to Section 4(d) of the Illinois Workers’ Compensation Act (820 ILCS 305).
Injury compensable regardless of alleged safety rule violation, as petitioner was in the scope of his employment By Jennifer J.C. Kerns Workers' Compensation Law, March 2007 In J.S. Masonry, Inc. v. Industrial Commission, the First District of the Appellate Court had an opportunity to analyze the effect of an alleged safety rule violation on the claimant’s entitlement to benefits.
Repetitive trauma, date of accident and travel expenses for seeing treater By Richard D. Hannigan Workers' Compensation Law, March 2007 In a Rule 23 Order filed on October 3, 2006, the Appellate Court dealt with the issue of repetitive trauma, date of injury, and travel expenses.
Respondents must meet their obligations in vocational rehabilitation By Kevin S. Botha Workers' Compensation Law, March 2007 The Commission unanimously affirmed and adopted Arbitrator Tobin’s decision on review in Allen Lemme v. Monterey Coal Company, 06IWCC0967 (2006).
What we are never to discuss: Compensation to arbitrators, commissioner and the attorneys who practice before the Commission By Richard D. Hannigan Workers' Compensation Law, March 2007 This article is strictly the author’s opinion and not necessarily the opinion of this council section, its member and the ISBA (or anyone else for that matter).