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Workers' Compensation LawThe newsletter of the ISBA’s Section on Workers’ Compensation Law

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Newsletter articles from 2006

Section 19(n) interest for medical expenses awards affirmed By Carol A. Cesaretti March 2006 In Vulcan Materials Company v. Industrial Commission, 2005 WL 3489567 (Ill.App. 1 Dist., Dec. 21, 2005), the Illinois Appellate Court affirmed a Commission decision declaring medical expense awards to be “compensation” under the Act and subject to interest pursuant to Section 19(n).
Supreme Court modifies repetitive trauma standard By Mark Cosimini December 2006 Repetitive trauma cases have been recognized in Illinois since the Peoria Belwood decision was issued by the Supreme Court of Illinois.
Teacher handcuffs benefits By Cameron B. Clark January 2006 In Rotberg v. Industrial Commission, 838 N.E.2d 55, 297 Ill.Dec. 568 (2005), the Illinois Appellate Court, in a decision delivered by Justice Hoffman, reviewed the decision of the Commission denying workers’ compensation benefits to a teacher.
Volunteer slides away from contribution claim By Cameron B. Clark January 2006 In Flores v. Palmer Marketing, Inc., 361 Ill.App.3d 172, 836 N.E.2d 792 (1st Dist. 2005), the Illinois Appellate Court, in a decision delivered by Justice O’Brien, addressed the issue of whether or not a claim for contribution against a “volunteer” of the employer was barred by Section 5(a) of the Workers’ Compensation Act.
Was passing through that door an increased risk? Must the injured worker present expert testimony that the preexisting condition was not the cause of the current condition of ill-being? By Richard D. Hannigan June 2006 University of Illinois v. Industrial Commission, 2006 WL 1169811 1st District May 3, (2006) involves an employee who had a prior knee injury that resulted in knee surgery in August of 1999.
Widow’s claim for benefits runs out of road By Cameron B. Clark January 2006 In Swartz v. Industrial Commission, 359 Ill.App.3d 1083, 837 N.E.2d 937 (3rd Dist. 2005), the Illinois Appellate Court, in a decision delivered by Justice McCullough, addressed the issue of whether a causal connection existed between the claimant’s employment and his fatal cardiac event.