Publications

Section Newsletter Articles on Workers' Compensation Law

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.
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 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).
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.
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).
First District Appellate Court holds that specific reservation of workers’ compensation lien in settlement contract not required for lien to be enforceable By Michael A. Moore Workers' Compensation Law, December 2006 An August 30, 2006, decision from the Illinois Appellate Court’s First District in the case of James Gallagher v. Lenart, No. 1-06-0065WC (2006 WL 2506210), held that an employer does not have to specifically reserve its workers’ compensation lien right in a workers’ compensation settlement agreement in order for that lien to be enforceable, and specifically rejected the reasoning of the Fourth District Appellate Court’s decision in Borrowman v. Prastein, 356 Ill.App.3d 546, 826 N.E.2d 600 (4th Dist. 2005).
GHERE no more? Certified Testing v. Ind. Comm’n, _ _ N.E.2d _ _ , 2006 WL 3060086 (Ill.App. 4th Dist.) By Brad E. Bleakney Workers' Compensation Law, December 2006 If there is no discovery in Workers’ Compensation (except the subpoena), do you wonder why then the defense attorney always makes a demand for medical records supporting the claim when forwarding their appearance? The answer is the Section 12 objection, recently known as the Ghere objection.
Petitioner’s non-compliance with vocational rehabilitation insufficient to deny compensation By Kevin S. Botha Workers' Compensation Law, December 2006 In this Rule 23 decision, the Appellate Court addressed the issues of intervening accidents, vocational rehabilitation and Petitioners choice of physicians.
Supreme Court modifies repetitive trauma standard By Mark Cosimini Workers' Compensation Law, December 2006 Repetitive trauma cases have been recognized in Illinois since the Peoria Belwood decision was issued by the Supreme Court of Illinois.
No causal connection for claimant, despite cracked helmet By Michelle L. LaFayette Workers' Compensation Law, September 2006 In this Rule 23 decision, the Illinois Appellate Court held that a herniated disc was not causally connected to claimant’s work accident based upon a normal CT scan, unrestricted cervical range of motion, considerable gaps in medical care and treatment, and extended performance of full-duty activities.
Payment of award of medical bills directly to medical provider/Section 19(g) and hourly attorney fee set at $250 By James W. Stevenson Workers' Compensation Law, June 2006 In Aurora East School District v. Don Dover, 363 Ill.App.3d 1048, 847 N.E.2d 623, 301 Ill.Dec. 298 2nd District March 21, 2006, Don Dover, employed by the Aurora East School District, received an award which included TTD benefits of $29,908.13, representing 59-6/7 weeks, and $85,015.04 in medical expenses.
Willis v. Kiferbaum Construction: A Kotecki waiver by a subcontractor does not climb the chain to benefit a contractor higher up unless expressly provided for by contract By Richard L. Turner Civil Practice and Procedure, December 2005 It is now clear under the recent decision in Willis v. Kiferbaum Construction Corp., that such a Kotecki waiver only occurs where it is expressly contracted for between the employer/subcontractor and the party further up the contractual chain seeking to assert that waiver.
Boyd Electric: Is the Commission really a party? By Anita M. Decarlo Workers' Compensation Law, June 2005 As a first year law student, I remember asking my father why all Workers' Compensation cases above the Commission level were captioned "Somebody v. The Industrial Commission?"
The Industrial Commission must determine who the aggressor was By Michelle D. Porro Workers' Compensation Law, June 2004 Our Supreme Court definitively determined that when the underlying accident is a fight between employees, the Industrial Commission must determine which of the employees was the aggressor in Sandra Franklin v. the Industrial Commission, in an opinion filed May 20, 2004. Id., Docket No. 96857 (Il. S. Ct. 2004).
When is a circuit court order final and appealable? By Michelle D. Porro Workers' Compensation Law, June 2004 Where the Arbitrator and Industrial Commission find that the Petitioner is entitled to TTD, medical and an award of PPD equal to 45 percent maw, and the circuit court reverses and remands for a finding consistent with its opinion that the Petitioner is permanently and totally disabled, the circuit court's order is interlocutory and an appeal can not be perfected to the appellate court until after the claim has been heard on remand by the Industrial Commission.
Clerical error. When is the proper time to file a Review? By Richard D. Hannigan Workers' Compensation Law, March 2004 The appellate court seems to deal with this issue once every four years. In Diane Schultz v Forest Preserve District of Cook County, 1-02-2860 WC filed by the First District Appellate Court, Industrial Commission Division revisited that issue.
Commission news By Richard D. Hannigan Workers' Compensation Law, March 2004 Updates of interest to workers' comp law practitioners.
When filing a summons for the employer, make sure the principal signs the bond By Richard D. Hannigan Workers' Compensation Law, March 2004 In Freedom Graphic Systems, Inc. v. Industrial Commission, the appellate court addresses the issue of whether section 19(f) requires "strict compliance" when a bond is filed with the circuit court but unsigned.
Commission News By Richard D. Hannigan Workers' Compensation Law, December 2003 Updates from the Illinois Industrial Commission.
Mechanical Devices v. Industrial Commission By James W. Stevenson Jr. Workers' Compensation Law, December 2003 A summary of the case of Mechanical Devices v. Industrial Commission.
Appellate court does not have jurisdiction to hear direct appeal from Industrial Commission decision By Richard D. Hannigan Workers' Compensation Law, April 2003 In Pace Bus Company v. Industrial Commission, the appellate court, First Judicial District dismissed an appeal by the employer ruling that they lacked jurisdiction to hear an appeal directly from an Industrial Commission decision.