Illinois Bar Journal

Articles on Workers Compensation

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. 

Court shows great deference to commission’s decisions in workers’ compensation cases

June
2007
Illinois Law Update
Page 292
On March 22, 2007, the Illinois Supreme Court affirmed the appellate court's holding that the findings of the Illinois Industrial Commission (Commission) in a worker's compensation action were not against the manifest weight of the evidence.

A new, stricter test for independent contractor status?

By Helen W. Gunnarsson
May
2007
LawPulse
Page 230
Has the Illinois Supreme Court embraced a test that makes it harder for employers to classify workers as independent contractors rather than employees and thus avoid employee-related taxes and other expenses?

Parent companies more vulnerable to suit for subsidiaries’ torts

By Helen W. Gunnarsson
April
2007
LawPulse
Page 170
Under the direct participant theory, recently adopted by the Illinois Supreme Court, a parent business that guides its subsidiary's activities may be liable for the subsidiary's torts.

Worker finds light at the end of the carpal tunnel

By Helen W. Gunnarsson
December
2006
LawPulse
Page 642
The Illinois Supreme Court rules that for purposes of filing a timely workers' comp claim, the petitioner's carpal tunnel syndrome manifested on the day it was diagnosed, not the day she first experienced pain.

Employers’ Tort Liability for Employees’ Injuries: A Primer

By Jennifer E. Simms
November
2006
Article
Page 602
An overview of the interplay between the workers' comp and contribution statutes and the cases interpreting them.

“In the course of employment” is the same as “in the line of duty”

June
2006
Illinois Law Update
Page 284
On March 31, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding that a prior decision in a workers' compensation action collaterally estopped the defendant village from litigating the issue of causality in a Public Employee Disability Act (PEDA) action.

What’s New in the Workers’ Compensation Reform Act of 2005

By Markham M. Jeep
June
2006
Article
Page 298
A petitioners' lawyer looks at "utilization review," increased benefits, and other features of this comprehensive revamp of workers' compensation law and practice.

Award of medical expenses is “compensation” under the Workers’ Compensation Act

March
2006
Illinois Law Update
Page 118
On December 21, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding that an award of medical expenses was "compensation" under the Workers' Compensation Act (Act) and that the claimant was, therefore, entitled to interest on his award of medical expenses.

Workers’ comp overhaul

By Helen W. Gunnarsson
July
2005
LawPulse
Page 330
Proponents say that new revisions to the Workers' Comp Act will increase benefits, hold down costs, speed claims resolution, and reduce fraud.

The Illinois Workers’ Compensation Commission: More Than a New Name

By David L. Montenegro
March
2005
Article
Page 138
Seven additional arbitrators and an accelerated trial cycle will make the agency more efficient and expeditious.

The Illinois Workers’ Compensation Commission

By Helen W. Gunnarsson
December
2004
LawPulse
Page 614
The Illinois Industrial Commission will get a new name to go with its new, more efficient approach to doing business, the chair says.

Correspondence from Our Readers

February
2004
Column
Page 58
Don't forget the court's citation rules.

Avoiding the Medicare Trap: Workers’ Comp and Medicare Secondary-Payer Regs

By Brad E. Bleakney B
December
2003
Article
Page 604
Drafters of settlement agreements beware: you must account for Medicare's lien.

The Exception Makes the Rule: Liens on Workers’ Comp Claims

By Michael S. Feist
December
2003
Article
Page 627
The rule is that workers' comp claims aren't subject to liens. The exceptions are many.

Recovering Penalty Awards and Attorney Fees Under the Workers’ Compensation Act

By Michelle D. Porro
December
2003
Article
Page 610
Has a carrier unreasonably delayed payment to your client? This article reviews penalties and fee-award options.

In claim for workers’ compensation, Industrial Commission’s award of payments must be upheld if based upon sufficient evidence that a work-related injury was responsible for aggravating or accelerating claimant’s preexisting condition

August
2003
Illinois Law Update
Page 384
On May 22, 2003, the Illinois Supreme Court upheld the Industrial Commission's award of temporary total disability payments on a workers' compensation claim.

Retaliatory discharge protection extends to employees testifying in other employees’ workers’ compensation actions; scope of employment approach proper test for hearsay

June
2003
Illinois Law Update
Page 280
On March 25, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County granting summary judgment for the defendant corporation.

Code of Civil Procedure § 2-1117 can limit defendant’s several liability to only nonmedical damages even if plaintiff’s employer exempt from liability under Workers’ Compensation Act

February
2003
Illinois Law Update
Page 62
On November 21, 2002, the Illinois Supreme Court held that the appellate court properly applied § 2-1117 of the Code of Civil Procedure, 735 ILCS 5/2-1117.

Recovering Lost Earning Capacity Under the Workers’ Compensation Act

By Douglas Rallo
July
2002
Article
Page 348
A detailed guide to helping clients recover for lost income or earning capacity under section 8(d)(1) of the Workers' Comp Act.

In workers’ compensation suit, claimant not required to show that his stress exceeded the stress of coworkers

June
2002
Illinois Law Update
Page 288
On March 15, 2002, the Illinois Supreme Court reversed the appellate court in holding that, in a suit to recover workers' compensation benefits.

The Latest on Liens: An Illinois Tort Lawyer’s Guide

By Edward W. McNabola & Kevin E. O’Reilly
March
2002
Article
Page 124
Liens can consume clients' recovery and decrease their willingness to settle. Here's a fresh look at the law.

Legislation provides penalties for employers failing to comply with self-insurance requirements of the Workers’ Compensation Act P.A. 92-324

February
2002
Illinois Law Update
Page 66
Legislation signed into law in August by Gov. Ryan amends the Workers' Compensation Act by providing that a minimum civil penalty of $10,000 will be assessed against any employer, service or adjustment company, or insurance carrier that fails to comply with the self-insurance provisions of the Workers' Compensation Act.

The Lawyer’s Journal

By Bonnie C. McGrath
September
2001
Column
Page 450
Two years and time's up for legal malpractice; nightshift-assignment doesn't constitute sex discrimination; and more.

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