Publications

Articles on Workers Compensation

House proposes to cap attorney’s fees for worker’s compensation claims at 15% rather than 20% of recovery

August
2017
Illinois Law Update
Page 18
The Illinois House proposed a bill that would limit attorney's fees that are allowable in a worker's compensation case, but not across the board.

Department of Insurance to require full collateralization for some workers’ compensation policies

March
2017
Illinois Law Update
Page 28
New regulations by the Illinois Department of Insurance require policyholders with a large deductible to fully collateralize their obligations under the agreement.

Outdated procedures for compliance with the Illinois Freedom of Information Act repealed and replaced with new regulations

February
2017
Illinois Law Update
Page 20
The Workers' Compensation Commission revised their regulations regarding the procedures by which interested persons may inspect or request copies of the Commission's public records to match corresponding changes in the FOIA legislation.

Recovery of attorney’s fees for obtaining recovery against third party in workers’ compensation action includes valuation of future medical payments

February
2017
Illinois Law Update
Page 20
Plaintiff was seriously injured while working on a construction project for the defendant, Panduit Corporation.

Workers’ Compensation Commission implements new rules to utilize electronic filing database

February
2017
Illinois Law Update
Page 20
The Workers' Compensation Commission rolled out several amendments to their regulations at the end of November, including the adoption of a new part to implement the use of an electronic database to increase the effectiveness and efficiency of the Commission.

Ruling under the Workers’ Occupational Diseases Act affirmed where claimant’s expert testimony inadmissible under Frye standard

October
2016
Illinois Law Update
Page 18
The Fourth District Appellate Court affirmed an arbitration decision against the claimant who argued on appeal that the Illinois Workers' Compensation Commission's review erred in...

Commission’s findings on workers’ compensation claim affirmed where employer merely invited appellate court to reweigh the evidentiary record

February
2016
Illinois Law Update
Page 18
The First District Appellate Court, Workers' Compensation Division, affirmed a workers' compensation claim in favor of the claimant after three years of appeals by the employer.

Exclusive remedy provisions bar action against an employer when mesothelioma manifests after time limits under Workers’ Compensation Act and Workers’ Occupational Diseases Act

January
2016
Illinois Law Update
Page 18
On November 4, 2015, the Illinois Supreme Court held that an employee cannot bring an action against an employer outside the Workers' Compensation Act, 820 ILCS 305/1, or the Workers' Occupational Diseases Act ("WODA"), 820 ILCS 310/1, when the employee's disease first manifests after the expiration of time limitations under those acts ("Acts").

Standardized electronic claims for worker’s compensation

December
2015
Illinois Law Update
Page 18
A new subpart was adopted under Title 50 to carry out section 8.2a of the Worker's Compensation Act (820 ILCS 305/8.2a) and implement standardized electronic claims for payment of medical services by employers and insurers.

Electronic filing of workers’ compensation rate and manual documents

January
2015
Illinois Law Update
Page 16
As of October 31, 2014, the Department of Insurance now requires that companies file their workers' compensation documents and rate information electronically through the System for Electronic Rate and Form Filing ("SERFF").

Injured workers may have more options for recovering damages

September
2014
Illinois Law Update
Page 424
The Workers' Compensation Act is amended to alter the circumstances under which an injured employee may seek damages from a service organization associated with the employer, his insurer, or his broker.

The Benefits of Settling Workers’ Compensation and Employment Claims Together

By Mark Wilkinson and Susan Garver
July
2014
Article
Page 340
Settling workers' compensation and employment-related claims together can benefit both employers and workers, but it takes careful planning to make it work.

The Mailbox Rule and Workers’ Comp: A Better Route for Circuit Court Review

By Brad A. Elward
December
2013
Article
Page 632
The Illinois Supreme Court recently applied the mailbox rule to filings for circuit-court review of Workers' Compensation Commission rulings. Here's what it means.

Workers’ Comp and Temporary or ‘Borrowed’ Workers

By James P. Looby
August
2013
Article
Page 426
With more employers turning to staffing agencies, determining who the real employer is and isn't - and thus whom the worker might be able to sue in civil court - is trickier than ever.

Court applies traveling employee exception to workers’ compensation claim

February
2013
Illinois Law Update
Page 72
On December 6, 2012, the Illinois Appellate Court, Fourth District, held that a contractor could reasonably foresee that an employee would stay at a motel close to a job site when their home was 200 miles away, and thus the employee's injury while traveling from the motel to the worksite arose in the course of his employment for workers' comp purposes.

Borrowing employer’s insurer not liable to Illinois Insurance Guaranty Fund

December
2012
Illinois Law Update
Page 632
On October 12, 2012, the first district appellate court held that a borrowing employer's workers' compensation insurer had no obligation to repay the Illinois Insurance Guaranty Fund ("Fund") for disbursements the Fund made to an injured employee when the lending employer's workers' compensation insurer became insolvent.

Definition of “service organization” includes safety inspectors

August
2012
Illinois Law Update
Page 404
On May 18, 2012, the first district of the Illinois Appellate Court clarified the meaning of a "service organization" as defined in section 5(a) of the Workers' Compensation Act's ("Act") exclusive remedy provision (820 ILCS 305/5(a)).

No mailbox rule under § 19(f)(1) of the Workers’ Compensation Act

May
2012
Illinois Law Update
Page 240
The mailbox rule does not apply when determining whether the 20-day requirement for commencing an action under section 19(f)(1) of the Workers' Compensation Act is met.

Employer may not offset workers’ compensation award with credit

April
2012
Illinois Law Update
Page 184
An employer may not offset a benefits award with an excess credit under § 19(g) of the Illinois Workers' Compensation Act, according to a February 2, 2012 Illinois Appellate Court ruling.

Unregistered employee leasing company retains protection of exclusive remedy provision of Workers’ Compensation Act

January
2012
Illinois Law Update
Page 16
An injured employee cannot recover additional tort damages beyond the exclusive remedy of the Workers' Compensation Act merely because the defendant employee leasing company failed to comply with the registration requirement of the Employee Leasing Company Act, according to the fifth district appellate court.

Retaliatory-discharge claim against town not time-barred by Tort Immunity Act

October
2011
Illinois Law Update
Page 496
On July 22, 2011, the 4th District Appellate Court reversed the lower court's decision granting the Town of Normal's motion to dismiss plaintiff Mary Collins' retaliatory-discharge claim. Since Collins' claim was brought under the Workers' Compensation Act, there is an exception to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), and her claim is not time-barred by the one-year statute of limitations in section 8-101(a).

The 2011 Rewrite of the Illinois Workers’ Compensation Act

By Richard D. Hannigan
August
2011
Article
Page 400
Make no mistake, this is not the workers' comp act you knew two months ago. This article highlights key changes.

2011 Spring Session Legislative Roundup

By Jim Covington
August
2011
Column
Page 392
A summary of key legislation from this year's session.

Employer can be required to continue paying temporary total disability benefits after termination of claimant’s employment

April
2010
Illinois Law Update
Page 180
On January 22, 2010, on an issue of first impression, the Illinois Supreme Court reversed a decision of the Illinois Appellate Court, Third District, and reinstated a decision of the Workers' Compensation Commission (WCC).

Temporarily totally disabled workers entitled to benefits till they improve

By Helen W. Gunnarsson
March
2010
LawPulse
Page 122
Employers must pay TTD to injured workers until they get better, the Illinois Supreme Court rules - even if those workers were fired for cause.

Simple Answers for Construction Litigation Questions

By Joseph E. Rubas
December
2009
Article
Page 630
If you represent contractors and you're struggling to get a grip on indemnity, workers' comp liens, and Kotecki waiver issues, this article is for you.

Retalitory discharge: local governments not immune under Workers’ Comp Act

By Helen W. Gunnarsson
November
2008
LawPulse
Page 548
 Public employees can sue for being fired in retaliation for filing a workers' comp claim, the Illinois Supreme Court holds.

Correspondence from Our Readers

April
2008
Column
Page 170
The Kotecki gap; the perils of forms; the conscience of a lawyer. 

The “Kotecki” Gap: No Insurance Coverage for Assumed Liability

By Christopher E. Kentra
February
2008
Article
Page 88
Lawyers who represent manufacturers, insurers and others need to understand the Kotecki gap and the supreme court's ruling that most insurance policies don't cover it.

No release of workers’ compensation claim where contrary to Illinois public policy

November
2007
Illinois Law Update
Page 576
On August 22, 2007, the Illinois Appellate Court, Second District, reversed the order of the Circuit Court of Du Page County and held that the defendants, John and Kelly Van Cleve, were entitled to judgment as a matter of law. 

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