Illinois Bar Journal

Articles on Workers Compensation

Proper computation of average weekly wage for seasonal construction worker does not penalize for days not worked due to conditions beyond his control

September
2001
Illinois Law Update
Page 454
On July 19, 2001, the Illinois Supreme Court affirmed the lower court's interpretation of the Workers' Compensation Act provision on wage computation. 820 ILCS 305/10.

Closing Pandora’s Box for Workers’ Comp Lawyers

By Karen J. Dilibert
August
2001
Column
Page 435
The recently issued Keef decision seems to open a Pandora's Box of malpractice plagues for workers' comp attorneys. Or does it?

A preexisting condition does not bar recovery under the Workers’ Compensation Act if the preexisting injury is aggravated during the course of employment

October
2000
Illinois Law Update
Page 563
On August 4, 2000, the Appellate Court of Illinois, First District, affirmed the arbitrator's decision to award the claimant workers' compensation benefits after determining that the claimant's injuries arose out of and in the course of her employment.

Attorneys can receive reimbursement for their fees either under the provisions of the Workers’ Compensation Act or based on a private arrangement with the client

July
2000
Illinois Law Update
Page 380
On May 18, 2000, the Illinois Supreme Court reversed the appellate court and held that section 5(b) of the Workers' Compensation Act permitted an attorney to recover his attorney fees only as delineated in the Act and not in conjunction with a private fee arrangement.

The Lawyer’s Journal

By Bonnie C. McGrath
June
2000
Column
Page 308
Playing the child-support percentages; ADA news and views; please don't squeeze the luggage; and more.

The Lawyer’s Journal

By Mark S. Mathewson
May
2000
Column
Page 251
You've got mail ... from a client ... and it's OK; fraudulent transfers and tenancy by the entirety; and more.

Researching Illinois Workers’ Compensation Law

By James E. Duggan
May
2000
Column
Page 291
Here's a compendium of resources for Illinois workers' comp lawyers.

Distribution at Divorce of Personal Injury, Workers’ Compensation, and Disability Awards

By Debra DiMaggio & Cindy Huang
September
1999
Column
Page 494
The authors note that several Illinois courts have distributed awards for strictly personal damage (i.e., pain and suffering) disproportionately to the injured spouse on divorce even when the cause of action arose during marriage.

Workers’ Comp Claimants Now Entitlted to Penalties for Wrongful Nonpayment of Medical Bills

By James W. Ackerman
June
1999
Column
Page 329
The Illinois Supreme Court struck a blow for workers' comp claimants in McMahan v Industrial Commission. This article describes the ruling and its impact.

The Lawyer’s Journal

By Bonnie McGrath
May
1999
Column
Page 238
The high court revisits the single-subject rule.

Workers’ Comp Malpractice Headaches

By Anne E. Thar
April
1999
Column
Page 219
Workers' comp lawyers are cursed with a special set of headaches. The remedy? Follow this advice.

Correspondence from Our Readers

March
1999
Column
Page 122
Workers' comp; allow penalties for meritless claims

The Lawyer’s Journal

By Bonnie McGrath
January
1999
Column
Page 10
ADA plaintiffs must be accommodating.

When an insured motorist has two underinsured motorists coverage policies, the primary insurer may take only one setoff for an insured’s workers’ compensation benefits, and no setoff for the insured’s social security disability benefits

January
1999
Illinois Law Update
Page 13
On October 29, 1998, the Illinois Supreme Court affirmed in part and reversed in part the appellate court's holding on setoffs applicable to two insurance policies for underinsured motorist coverage.

Working Around the Workers’ Compensation Act’s “Exclusive Remedy” Provision

By Molly C. Mason
January
1999
Article
Page 40
When can workers sue employers in tort, and when are they limited by the "exclusive remedy'' provision of the workers' comp statute?

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