2014 Articles

Can a petitioner waive the right to a Section 8(d)(2) wage differential absent a request by petitioner for a specific loss PPD award in lieu of a wage differential award? Or, is an “impressive suntan” a valid basis for the denial of permanent total disabi By Michelle D. Porro October 2014 A look at Section 8(d)2, waiver, and the right to receive benefits under Section 8(d)1.

Case summary for Compass Group v. Illinois Workers’ Compensation Commission, 2014 IL App. 2d 121283WC, rehearing denied 5/13/14 By Patrick D. Czuprynski July 2014 A detailed look at this recent case.

Claim for chronic obstructive pulmonary disease not allowed when employee timely filed claim within the statute of limitations for coal miners pneumoconiosis but not chronic obstructive pulmonary disease By Kenneth F. Werts July 2014 Those who are filing claims for occupational disease involving ventilatory impairment due to coal dust exposure should file their claims within three years of the date of disablement to be certain that the claim is timely filed.

Claimant’s motor vehicle accident constituted an independent intervening accident and leads to entitlement for two permanency awards By Carol A. Hartline January 2014 A summary of the recent case of National Freight v. Illinois Workers' Compensation Comm'n.

Don Young v. Doncasters d/b/a MECO, Inc., 2014 IL App (4th) 130392WC By Matt Belcher July 2014 After a hearing, an Arbitrator at the Illinois Workers’ Compensation Commission concluded that Mr. Young’s injury was not a compensable work accident. That decision was subsequently confirmed by the Commission with a dissent by Commissioner Tyrrell. The Appellate Court unanimously reversed the Commission and awarded benefits.

Editor’s notes By Richard D. Hannigan October 2014 Relevant practice updates and an introduction to the issue from Editor Rich Hannigan.

Editor’s notes By Richard D. Hannigan July 2014 Relevant practice updates and an introduction to the issue from Editor Rich Hannigan.

Editor’s notes May 2014 Recent updates of interest to workers' compensation law practitioners.

Editor’s notes By Richard D. Hannigan January 2014 Updates from Editor Rich Hannigan.

Enough of the “gotcha”—It is time for limited discovery/disclosure under the WC Act By Christine M. Ory October 2014 The rationale for not allowing discovery in workers’ compensation cases was to expedite the arbitration process. However, the lack of discovery seems to have had the opposite effect

Evaluating permanent partial disability in the wake of Section 8.1(b)—Has anything changed? By Shuaib Ahmed May 2014 A synopsis of the reported decisions analyzing the five factors of permanent partial disability under Section 8.1b, broken down by each factor.

Excess insurance policies are covered workers’ compensation claims and the Illinois Insurance Guaranty Fund’s obligations are not subject to statutory cap. Windfall to self-insureds? By Kevin LeFevour January 2014 The recent Illinois Supreme Court decision in Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund presents an interesting interpretation of the Illinois Insurance Code as it applies to an employer’s coverage obligations under the Workers’ Compensation Act.

Exclusive remedy doctrine does not apply when employee first learns of injury after the expiration of the statute of repose under the Workers’ Compensation Act and Occupational Disease Act By Anita M. DeCarlo October 2014 A discussion of the June 27, 2014 decision from the Illinois Appellate Court First District in Folta v. Ferro Engineering.

1 comment (Most recent October 12, 2014)

Fall on stairs found compensable despite being caused by pre-existing condition By Mark P. Matranga May 2014 The result in Village of Villa Park v. The Illinois Workers’ Compensation Commission et al. is in direct contradiction to the rule established in Eliot v. Industrial Commission.

A historical view of the Workers’ Compensation Act By Kenneth F. Werts & Richard D. Hannigan July 2014 The first in a two-part series looking at the evolution of Illinois' workers' compensation system.

A historical view of the Workers’ Compensation Act, part 2 By Kenneth F. Werts, Patrick D. Czuprynski, & Richard D. Hannigan October 2014 The second in this two-part series looking at the evolution of Illinois' workers' compensation system.

Illinois employers can demand drug and alcohol testing and avoid losing a retaliatory discharge claim so long as the policy is applied in a non-discriminatory manner By Deborah A. Benzing May 2014 The Jeff Phillips v. Continental Tire The Americas, LLC decision affirms employers’ rights to drug and alcohol testing in Illinois and specifically reiterates that such testing is not against public policy.

Illinois State Treasurer, as ex officio Custodian of the Injured Workers’ Benefit Fund does and does not have sovereign immunity By John W. Powers January 2014 The Illinois Appellate Court recently issued two opposing decisions, in Dratewska-Zator v. Rutherford and Illinois State Treasurer, as ex officio Custodian of the Injured Workers’ Benefit Fund v. Illinois Workers’ Compensation Commission.

An interview with Arbitrator George Andros By Richard D. Hannigan July 2014 Learn more about the life and background of this dynamic Arbitrator.

Is the employer liable for payment of temporary total disability benefits when the employee is terminated while on light-duty restriction for admittedly stealing cigarettes? By Richard D. Hannigan October 2014 A discussion of the much-anticipated decision of Walter Matuszczak v. IWCC, which was handed down by The Appellate Court on September 30th 2014.

1 comment (Most recent October 12, 2014)

ISBA unveils exciting new Member Directory! July 2014 Make sure the other members of this section know what sets you apart and can find you easily by activating your member directory profile today.

Mark Tolbert v. The Illinois Workers’ Compensation Commission et al. (Prairie Central Cooperative, Appellee), 2014 IL App (4th) 130523WC By Sean J. Mussey July 2014 The Appellate Court for the Fourth District found notice for an inhalation injury under a plain reading of 6(a) of the Illinois Workers’ Compensation Act, but stated notice could have been accomplished under a “manifestation date” analysis often used in repetitive stress cases where the exact date of injury is impossible to determine.

Medical provider cannot collect balances due after fee schedule sums are paid By Asalya I. Akhmerova May 2014 In Tiburzi Chiropractic vs David Kline and Rovey Seed Company, Inc. the Appellate Court held that a medical provider cannot collect outstanding balances after sums are paid by the employer pursuant to the Illinois Medical Fee Schedule under Section 8.2 of the Illinois Workers’ Compensation Act.

Mentors needed for ISBA Lawyer-to-Lawyer Mentoring Program By Peter L. Rotskoff January 2014 Read more about this important program and sign up to become a mentor today!

Observations from the bench By Joanne M. Fratianni July 2014 Some tips from Arbitrator Joanne Fratianni.

Special risks or hazards can become part of the employment and render the risk, and to the general public compensable By Richard D. Hannigan July 2014 A summary of Brais v. IWCC.

Traveling employee By Deborah A. Benzing & Anita M. DeCarlo January 2014 On December 19, 2013, the Illinois Supreme Court issued its Decision in The Venture-Newberg-Perini, Stone & Webster v. the Illinois Workers’ Compensation Commission, a highly anticipated decision addressing the traveling employee doctrine.

Village of Villa Park v. The Illinois Workers’ Compensation Commission, et al., 2013 Ill App. 2(d) 130038 (filed 12/31/2013) By Patrick D. Czuprynski May 2014 The Appellate Court of the Second District of Illinois affirmed the judgment of the Circuit Court and the Illinois Workers’ Compensation Commission decision, awarding benefits for Claimant’s low back injury due to a slip and fall down a flight of stairs.

What you talk’n ‘bout, Willis? By Richard D. Hannigan May 2014 A review of the recent case of James Paluch v. United Parcel Service.

Workers’ Compensation Law

2014 Articles