The newsletter of the ISBA’s Section on Workers’ Compensation Law
Browse articles by year: 2015 (24)
Newsletter articles from 2006
Attorneys’ pleas for fees pays off
In Alvarado v. Industrial Commission, 216 Ill.2d. 547, 837 N.E.2d 909 (2005), the Illinois Supreme Court, in a decision delivered by Justice Thomas, addressed the issue of whether the Commission may award attorney fees to a claimant’s former attorney several months after the Commission approved a settlement between the claimant and his employer.
Benefits slip away from claimant
The First District of the Illinois Appellate Court held that claimant’s slip and fall in the employee bathroom did not arise out of her employment. First Cash Financial Services v. Industrial Comm’n, 2006 WL 2072314 (1st Dist.).
Have you started to accumulate your hours of education for the mandatory Minimum Continuing Legal Education?
Congratulations go out to our Chair, John Adams, Vice Chair, Deborah Benzing and Secretary, John Sheperd, as well as all of the lecturers who presented the ISBA with two educational seminars in February of this year.
MCLE (minimum, not mandatory, continuing legal education) is here. The officers of the Workers’ Compensation Section, John Adams, Deborah Benzing, John Shepard, the co-editors and all of the counsel section members are working to deliver quality material to assist you in meeting your bi-yearly requirements.
Commission lacks jurisdiction to review Section 8(d)(1) award
In its recent decision in Cassens Transport Co. v. Industrial Commission, 2006 WL 360186 (Ill., 2006), the Illinois Supreme Court held that the Commission lacked jurisdiction to reopen or modify a 10-year-old wage differential award under the Workers’ Compensation Act.
Double denial results in single victory for injured claimant
In Dunlap v. Nestle USA, Inc., 2005 U.S.App. LEXIS 27070 (7th Circuit 2005), the United States Court of Appeals for the Seventh Circuit in a decision issued by Judge Wood, addressed the issue of whether the exclusivity provisions of the Act precluded the injured worker from pursuing a tort action against his employer.
Although the ISBA marks time from the third week in June to the third week in June, I am a traditionalist and mark time from January to December.
John Adams’ tenure as Chairperson has come to an end. He has had a great year and has set the bar high for the incoming Chairperson, Deborah Benzing, and all others who follow.
Employer avoids “commutation” order
Section 24 of the Illinois Workers’ Compensation Act provides authority for the Commission to order and direct an employer to deposit the commuted value of the total unpaid compensation with the State Treasurer or with any savings and loan association or State or national bank or trust company doing business in the State.
Estate wins debate over abatement of claim
In Nationwide Bank, 361 Ill.App.3d 207, 836 N.E.2d 120 (1st Dist. 2005), the appellate court was faced with the question of whether or not a claim abated upon the death of the injured worker’s spouse.
The Illinois Workers’ Compensation Act contains a provision which defines the term “employee.” Included as part of this definition of “employee,” the Act provides a basis for Illinois jurisdiction.
No causal connection for claimant, despite cracked helmet
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
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.
Pekin Insurance v. Anthony Hiera
In this Fourth District case, the appellate court affirmed the decision of the trial court granting Hiera’s motion for an immediate UM arbitration and denying Pekin’s motion to stay said proceedings.