The newsletter of the ISBA’s Section on Workers’ Compensation Law
Browse articles by year: 2015 (16)
Newsletter articles from 2005
A $1 contract cost insurance carrier $37,500
In Sheppard v. Rebidas, 820 N.E.2d 1089, 290 Ill.Dec. 22 (1st Dist. 2004), the Illinois Appellate Court in a decision issued by Justice Greiman, addressed the issue of Section 5(b) lien rights relative to three unconsolidated claims.
Beware of stipulations
In Walker v. Illinois Industrial Commission, 345 Ill.App.3d 1084, 804 N.E.2d 135 (4th Dist., 2004), the Illinois Appellate Court, in a decision delivered by Justice McCullough, addressed the issue as to whether or not the information contained on the Industrial Commission Request for Hearing form is binding upon the parties.
As of this writing sweeping amendments have been added to the Act and placed before the Governor. There is every reason to believe that by the time you read this, they will be signed into law.
The contract for hire: Is it the exclusive test for determining jurisdiction?
The First District Appellate Court addressed the issue as to whether the site of the contract for hire is the exclusive test for determining the applicability of the Illinois Workers' Compensation Act to persons whose employment is outside of the state of Illinois where the contract for hire is made within Illinois.
Credibility “defies logic”
In Chicago Messenger Service v. Industrial Commission, 826 N.E.2d 1037; 292 Ill.Dec. 601 (2005), the Appellate Court, First District, reversed the Commission's finding the claimant provided an injury from an accident arising out of and in the course of employment.
If you blinked you may have missed the flurry of activity at the Commission.
The Illinois Supreme Court plows through the snowy issue of concurrent employment
In a decision noteworthy for both average weekly wage determinations and wage differential awards, the Illinois Supreme Court in Flynn v Industrial Commission, 211 Ill.2d 546, 286 Ill. Dec.62, 813 N.E.2d 119, (June 17, 2004) held that a claimant who sustained serious injury while working a part time job was entitled to a wage differential award based on both the part time job and his regular, though seasonal, work as a truck driver even though he had been temporarily laid off from the driving job at the time of the accident.
New carpeting trips up the defense
In Tinley Park Hotel & Convention Center d/b/a Holiday Inn v. Industrial Commission, 826 N.E.2d 1043; 292 Ill.Dec. 607 (2005), the Appellate Court, First District, affirmed the Commission's finding the claimant proved her injuries arose out of her employment.
Nursing assistant aided by Commission
In Kishwaukee Community Hospital v. Industrial Commission, 2005 WL 603095 (Ill.App. 2nd Dist., 2005), the Illinois Appellate Court, in a decision delivered by Justice Goldenhersh, addressed the issues of notice, medical causal connection, the admissibility of claimant's treating physician's deposition testimony, and claimant's entitlement to temporary total disability benefits.
Pre-trial discovery: Is it available for workers’ compensation claims?
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.
Section 5(b) Lien Rights
In Borrowman v. Prastein, 356 Ill.App.3d 546, 826 N.E.2d 600 (4th Dist. 2005), the Appellate Court reversed a circuit court decision awarding an employer a lien against a petitioner's medical malpractice settlement.
To admit or not to admit: The vexing issue of the admissibility of medical bills
In Land and Lakes Company v. Industrial Commission, 2005 WL 1252304(Ill.App. 2d Dist., 2005), the Illinois Appellate Court, in a decision delivered by Justice Callum, addressed a number of issues. The issues included 1) evidentiary ruling regarding the admission of medical bills into evidence; 2) medical causal connection; 3) prospective medical care; and 4) claimant's entitlement to temporary total disability benefits.
Twice Over Clean- A respondent’s perspective
In 2003, the Supreme Court issued a decision in the case of Sisbro, Inc. v. Industrial Commission, 207 Ill.2d 193 (2003) (Sisbro II), in which it rejected the argument that the "normal daily activity" exception bars recovery when the claimant's physical condition has so deteriorated that the condition of ill-being could have been produced by normal daily activity, despite a causal connection between the work and the condition.