The newsletter of the ISBA’s Section on Workers’ Compensation Law
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Newsletter articles from 2003
Case law update
In Hunter v. Southworth Products Corporation, 333 Ill. App. 3d 158 (Aug. 14, 2002), ExxonMobil purchased and installed a hydraulic lift table in its Jacksonville plant.
Updates from the Illinois Industrial Commission.
In Flynn v. Industrial Commission, 2003 791 N.E.2d 1301, 274 Ill.Dec. 890 decided June 20, 2003 by the Appellate Court Third District, the claimant worked during the summer months as a truck driver for an asphalt company, but was injured while employed by Utica Township to clear snow during the winter.
Current case law
The recent case of Twice Over Clean, Inc. v. Industrial Commission (786 N.E.2d 1096 272 Ill.Dec. 262 Ill. App. 3 Dist. March 26, 2003) found that a heart attack was not compensable because of the principle cited in Sisbro, Inc. v. Industrial Commission, (No. 4-01-0007WC, decided February, 2002).
Gerald F. Cooper has completed a successful term as Chairperson of the Workers' Compensation Law Council Section.
In February of 2003, Dennis Ruth was appointed chairman of the Illinois Industrial Commission by Governor Blagojevich.
Governor Blagojevich, on February 21, 2003, appointed Dennis Ruth as Chairman of the Industrial Commission.
From the Chair
A message from Section Chair Bruce Bonds.
Hearing loss—Who is liable?
In our April, 2002 newsletter, Steve Grady discussed Hamilton v. Industrial Commission, 326 Ill.App.3d 602; 761 N.E.2d 775; 260 Ill.Dec. 592. Since then, the Supreme Court of the State of Illinois accepted the case and has affirmed the appellate court.
Illinois Industrial Commission Web site
On Friday, February 21, 2003, Governor Rod R. Blagojevich reappointed Commissioner Jacqueline A. Kinnaman to her position as an employee representative on the Commission.
Insurance write-offs and the collateral source rule
In contracts between health care providers and health insurance carriers, providers often agree to certain fee schedules by which they accept as full payment less than the amount billed to the patient.
Notes from the co-editors
As reported in the last newsletter, Commissioner Richard Madigan resigned effective July 8, 2002 from the Illinois Industrial Commission. Paul Rink accepted a temporary assignment as the public member. Mr. Rink's appointment expires December 31, 2002.
Petitioner elects his remedy
The appellate court recently released a unanimous decision in Payetta v. Industrial Commission, 274 Ill.Dec. 590 2nd District (June 17, 2003).
Section 16 fees and costs
On February 5, 2003 the Appellate Court Second Division filed it's decision involving James Williams v. Industrial Commission.
Should you be taking those casino boat cases?
The first district recently extended the jurisdictional reach of Illinois workers' compensation claims into a maritime setting in McCoy v. Industrial Commission, Ill.App. 1 Dist. Sep 26, 2002 (2002 WL 31128953).
What if everyone agreed that the employee had a pre-existing condition that had so far deteriorated that any activity could or might cause the employee to become disabled and require treatment?
In Builders Square v. Industrial Commission, 791 N.E.2d 1308, 274 Ill.Dec. 897, decided by the Third District on June 24, 2003, the appellate court addressed the issue of proof necessary to support compensability of an unexplained fall
Who was the aggressor?
In Sandra Franklin v. Industrial Commission, 274 Ill.Dec 760 1st District (June 4, 2003), the appellate court in a 3-2 decision reversed and remanded the case to the Industrial Commission with the instruction that the Industrial Commission determine which party was the aggressor.