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Newsletter articles from 2013
Updates of interest to Workers' Compensation Law practitioners from newsletter editor Rich Hannigan.
An introduction to the issue from Editor Rich Hannigan.
A message and introduction to the issue from Editor Rich Hannigan.
Intervening accident does not preclude permanency award on first accident
The case of National Freight Industries v. IWCC et al 2013 IL app. (5th) 120043WC stands for the proposition that an intervening accident does not preclude a permanency award for injuries sustained in the first accident. This is a most interesting case, and complicated, but the ruling of the Illinois Appellate Court is just.
The mailbox rule and Section 19(f)(1)
On August 1, 2013, the Supreme Court of the State of Illinois issued its decision in Gruszeczka v. IWCC. The issue in this case was whether a proceeding for judicial review of a Commission decision under section 19(f)(1) begins or is started when the Request for Summons and the proof of payment of the probable cost of the record are placed in a mailbox or when they are file stamped by the Clerk of the Circuit Court.
QBE Insurance: A cautionary tale
In this recent case, QBE filed a motion with the Commission requesting that it be named a party to the case citing Section 4(g) of the Act.
A remembrance to Justice John T. McCullough
Justice John T. McCullough, Justice of the Illinois Appellate Court, and the Presiding Justice of the Workers’ Compensation Commission Division of the Appellate Court, passed away at his home in Lincoln, IL on October 30th, 2012.
Stipulation binding when signed
In Ingrassia Interior Elements v. IWCC, the Appellate Court held that when a transcript is not filed within the time period specified by section 19(b) of the Act, the Commission is not deprived of its jurisdiction to review the Arbitrator’s Decision.
There is little interest in interest under the present WC Act
If P.A. 83-1051 went into effect in July 1984, interest payments on an arbitrator’s award would have accrued at the rate of 9% per annum under §19(n). As of December 2008, the prime rate dropped to 3.25% where it remains. Therefore, if P.A. 83-1051 had gone into effect, the present interest rate on the arbitrator’s award would be at 4.25% per annum. This is nowhere near as good as it was in July 1984 and not as good as the 6% flat rate, but it certainly is better than what we have today.
TTD not available to workers subsequent to expiration of 19(h)
The recent decision of Tony L. Curtis v. Illinois Workers’ Compensation Commission, et al. (The Village of Lansing) may have the effect of eliminating TTD benefits for workers who have surgery or seek medical treatment after the expiration of the statutory Section 19(h) time period.