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

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Newsletter articles from 2010

10/14/10 interview with Arbitrator Robert Lammie By Richard D. Hannigan December 2010 A little insight into Arbitrator Lammie.
5/13/10 interview with Mitch Weisz By Richard D. Hannigan June 2010 Get to know IWCC Chairman Mitch Weisz.
Alleviating the “headache” of the permanent total disability case By Michelle L. LaFayette December 2010 An overview of the permanent total disability claim and applicable legal standards.
Appeals from the Commission to the Circuit Court—A potential procedural minefield By William R. Gallagher and Harry J. Nichols September 2010 The Esquivel v. Illinois Workers’ Compensation Commission decision teaches that when an appeal is taken from the Commission to the Circuit Court you must make absolutely certain that you (1) tender payment of the probable cost of the record to the Commission and (2) file either the receipt or the affidavit of payment with the Circuit Court at the time you file the request for summons.
Are we moving toward a motion practice? By Richard D. Hannigan June 2010 A look at the case of Dennis Hagemann v. IWCC.
Do some medical providers hold their testimony for ransom? By Richard D. Hannigan June 2010 What exactly is a "reasonable" fee for the time and travel costs related to a doctor's expert testimony?
Editor’s notes By Richard D. Hannigan December 2010 What's new in workers' compensation law.
Editor’s notes By Richard D. Hannigan September 2010 An introduction to the issue from Editor Richard D. Hannigan.
Editor’s notes By Richard D. Hannigan June 2010 An introduction to the issue from Editor Richard D. Hannigan.
Editor’s notes By Richard D. Hannigan March 2010 The views and opinions of the editor of the Workers' Compensation Law Section newsletter.
Extra scrutiny still does not apply when arbitrator’s decision is reversed By Richard D. Hannigan June 2010 The Appellate Court affirmed the Commission’s decision in R and D Thiel v. IWCC.
How not to terminate permanent total disability benefits By Richard D. Hannigan September 2010 A respondent is not entitled to review the employee’s tax returns as part of its petition for modification.
How to calculate average weekly wage of current employer in an 8(d)1 situation By Richard D. Hannigan September 2010 Section 10 of the Workers' Compensation Act explicitly states that overtime is excluded from the calculation of average weekly wage unless overtime is mandatory or worked on a regular basis.
How to obtain medical records in light of Holtkamp v. Clayton By Richard D. Hannigan September 2010 The appellate court in Holtkamp Trucking Co. v. David J. Fletcher, M.D., L.L.C., d/b/a Safeworks Illinois found that the paper that the medical records are on and the ink that is used to create the medical records are the property of the medical provider. To command the medical provider to mail medical records to the injured worker would be a confiscation of the medical provider’s property.
Interview with Arbitrator Andrew Nalefski, January 12, 2010 By Robert C. Nelson March 2010 Get to know a little more about IWCC Arbitrator Andrew Nalefski.
ISBA Workers’ Compensation Seminar October 11, 2010 By John Adams June 2010 Save the date for this important seminar!
John Adams. Who is he and why should I get to know him? By Richard D. Hannigan December 2010 John Adams is the person behind the minimum continuing legal education seminars that are presented by the ISBA twice a year.
No grace period for paying undisputed statutory amputation benefits due under Section 8(e) By Catherine Mafee Levine March 2010 As soon as respondent determines that a dispute does not exist, reasonably knows the extent of the amputation and is able to calculate the appropriate average weekly wage, statutory loss benefits should be paid “immediately” and “promptly.”
Peter Corti reports on certification/specialization of workers’ compensation attorneys By Peter Corti and Brad E. Bleakney December 2010 The Workers' Compensation Section's notes on the status of the issue of certification of a workers’ compensation attorney verses a designation by the ISBA that an attorney “specializes” in workers’ compensation.
A procedural look at the exclusive remedy defense By Kingshuk K. Roy December 2010 A brief overview of the exclusive remedy defense and examination of its procedural application in light of Reed v. White.
Recruits who are injured while training to become Chicago police officers are entitled to benefits under the Illinois Workers’ Compensation Act By T. Fritz Levenhagen December 2010 A review of the Dodaro v. Illinois Workers' Compensation Commission case.
The right to control an individual’s actions is the most important factor in employer/employee relationship By Michelle D. Porro September 2010 In Agnes Skzubel v. IWCC, the appellate court determined that Ms. Skzubel qualified as an employee despite the fact that she could not legally be hired at the time she began her employment, and that the checks were written to her husband for the work she performed.
Section 4(d): To sue or not to sue in the circuit court. That is not the question. The question is how do you do it. By Kelly Johnson September 2010 A look at the case of Keating v. 68th and Paxton, L.L.C. and Oglesby Management Company.
Supreme Court ruling emphasizes obligation to pay TTD until MMI after an injured worker is terminated for cause: A look at Interstate Scaffolding, Inc. v. The Workers Compensation Commission, et al., Docket No. 107852 – January 22, 2010 By Mark P. Matranga March 2010 Simply stated, where an employee who is capable of rehabilitation or working takes himself outside such efforts through willful behavior, his employer should retain the opportunity to terminate benefits.
Third-Party’s claim to Section 5(a) immunity rejected By Timothy S. McNally March 2010 The First District recently confirmed that third parties will not enjoy the immunity from common law actions that protects employers and co-employees from liability under Section 5(a) of the Illinois Workers’ Compensation Act.