Publications

Section Newsletter Articles on Workers' Compensation Law

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).
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?"
Can an 8(d)1 award be modified? By Arnold G. Rubin Education Law, March 2005 In Cassens Transport Company v. Illinois Industrial Commission, 2005 WL 95714 (4th Dist., I.C. Div., 2005), the Illinois Appellate Court, in a decision delivered by Justice McCullough, with a concurring opinion by Justice Holdridge, addressed the vexing issue as to whether or not a final award under Section 8(d)1 may be modified in a subsequent proceeding at the Illinois Industrial Commission.
Pre-trial discovery: Is it available for workers’ compensation claims? By Arnold G. Rubin Workers' Compensation Law, March 2005 The Second District Appellate Court addressed the issue as to whether a claimant in a workers' compensation claim could obtain a surveillance videotape from an employer prior to commencing the Industrial Commission proceeding through an equitable bill of discovery filed in the Circuit Court of DuPage County.
Three post-surgical auto accidents failed to break causal connection chain By Arnold G. Rubin Workers' Compensation Law, March 2005 In Vogel v. Illinois Workers' Compensation Commission, 2005 WL 42748, (Ill.App. 2nd Dist. 2005), the Illinois Appellate Court, in a decision issued by Justice Callum, addressed the issue of medical causal relationship in light of three automobile accidents subsequent to surgery.
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.