2005 Articles

A $1 contract cost insurance carrier $37,500 By Cameron B. Clark March 2005 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 By Cameron B. Clark March 2005 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.

Boyd Electric: Is the Commission really a party? By Anita M. Decarlo 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?"

Co-editor’s notes By Richard D. Hannigan August 2005 A message from Editor Rich Hannigan.

Co-editor’s notes By Richard D. Hannigan June 2005 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? By Cameron B. Clark March 2005 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” By Michelle L. LaFayette June 2005 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.

Editor’s notes By Richard D. Hannigan March 2005 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 By James Tyrrell June 2005 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 By James M. Byrnes June 2005 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.

No repetitive requirement for repetitive trauma accident By Melissa L. McEndree June 2005 The Second District Appellate Court addressed the definition of repetitive trauma, specifically whether the activity must be perform on a regular or consistent basis.

Nursing assistant aided by Commission By Cameron B. Clark June 2005 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.

Penalties denied: Armour Swift-Eckrich v. Industrial Commission By Carol A. Cesaretti August 2005 On January 15, 1998, claimant, James Williams, suffered repetitive trauma injuries to both of his arms while in the course of his employment with Armour Swift-Eckrich ("Armour").

Pre-trial discovery: Is it available for workers’ compensation claims? By Arnold G. Rubin 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.

Section 5(b) Lien Rights By Edyta Salata August 2005 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.

Supreme Court’s deals fatal blow to the “normal daily activity exception” in Twice Over Clean: A Petitioner’s perspective By Michelle D. Porro June 2005 The Illinois Supreme Court has finally answered the question of whether the "normal daily activity" exception can be used to deny a claim where the work was a causative factor.

Suspension of benefits for failure to attend Section 12 examination proper where employer disputes that Claimant is an “employee entitled to receive disability benefits” By Kenneth F. Werts August 2005 Is an employer within its rights in refusing to pay temporary total disability benefits where the employee refuses to attend a Section 12 examination, and where the employer denies liability and declines to make temporary total disability benefit payments to the employee at the time it requests the exam?

Three post-surgical auto accidents failed to break causal connection chain By Arnold G. Rubin 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.

To admit or not to admit: The vexing issue of the admissibility of medical bills By Cameron B. Clark August 2005 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 By James M. Byrnes June 2005 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.

Who benefits from adjustments to medical bills paid by a third-party group insurance carrier? The employer or injured worker? By Richard D. Hannigan August 2005 In Joyce Arthur, Appellee, v. Laurie Catour Appellants et.al. Docket Nos. 07920, 97946 cons.-Agenda-November 2004; the following question was certified to the Supreme Court moving through the system pursuant to Supreme Court Rule 308

Workers’ Compensation Law

2005 Articles