The newsletter of the ISBA’s Section on Workers’ Compensation Law
Browse articles by year: 2014 (23)
Newsletter articles from 2007
Another confusing interest case
The Appellate Court, Fourth District, has ventured into the interest calculation thicket with Radosevich v. The Industrial Commission, 367 Ill.App.3d, 856 N.E.2d 1, 305 Ill.Dec. 469.
Congratulations go out to our Chairperson and Vice-Chair Deb Benzing and John Shepherd on another sell out seminar February 12, 2007 and February 19, 2007.
Chairman Dennis Ruth has decided to seek a judgeship in Third Judicial Circuit. On September 26, the Madison St. Clair Record 2007 reported:
On August 17, 2007 Chairman Dennis Ruth made the following announcement:
The elusiveness of the intoxication defense
In a recent Rule 23 decision, the Appellate Court affirmed the judgment of the Circuit Court that confirmed the decision the Worker’s Compensation Commission awarding benefits to claimant, where the defense was based on intoxication.
Exclusive remedy update
We are all familiar or should be familiar with the exclusive remedy provisions of the Act. Section 5(a) of the Workers Compensation Act specifically provides that payment under the Act shall be the exclusive remedy for an injured employee:
Illinois Workers’ Compensation Commission Division
In January of 2007, the Illinois Supreme Court appointed Justice R. Peter Grometer of the Second District Appellate Court and Justice James K. Donovan of the Fifth District Appellate Court to the Workers’ Compensation Commission division of the Appellate Court of Illinois, replacing Justice Thomas E. Callum and Justice Richard P. Goldenhersh, respectively.
The injured workers’ benefit fund
The Injured Workers’ Benefit Fund (IWBF) was created by the 2005 amendments to Section 4(d) of the Illinois Workers’ Compensation Act (820 ILCS 305).
Notes from the Editor
The ISBA fiscal year ends this month and with that there is the usual changing of the guard in each counsel section.
“Odd-lot” permanent total disability award affirmed
In the June 2007 issue, an “Odd-Lot” Permanent Total case (Westin Hotel v. Industrial Commission, 310 Ill. Dec. 18, 865 N.E.2d 342 (2007)) was discussed, in which the case was remanded back to the Commission because the Appellate Court held that the Commission’s finding that the claimant proved an odd-lot permanent disability status was against the manifest weight of the evidence.
The policy, the whole policy and nothing but the policy
In a recent case of first impression, the Fifth District Appellate Court of Illinois decided that the Defendant, an insurance company, was not allowed to pick and choose which parts of their uninsured policy were applicable regarding issues of workers’ compensation setoffs.
Radosevich, continued attorney fees under §19(g)
The last newsletter contained a discussion of the interest rate on Commission awards found in the Fourth District decision in Radosevich v. Industrial Commission, 367 Ill.App.3d, 856 N.E.2d 1, 305 Ill.Dec. 469(2006).
A tort plaintiff, but no defendant
To the workers’ compensation practitioner, it is well-established a worker can only seek compensation from his employer pursuant to the provisions of the Workers’ Compensation Act or the Occupational Diseases Act for injuries arising out of and in the course of his employment. See, 820 ILCS 305/1 et seq.
Wage Loss Differential
Under §8(d)1 of the Workers’ Compensation Act an injured worker is entitled to a wage loss differential when it is proved that he is partially incapacitated and permanently prevented from pursuing his usual and customary line of employment and there is an impairment of earnings.
Waiver of Section 5b lien
Did you use to worry that you waived your Section 5 lien when you entered into a settlement contract?